BOLTs (Behind-the-Meter Optimization of Load Technologies Study): SCE & [Vendor] Customer Participation Agreement

Thank you for your interest in Southern California Edison Company’s (“SCE”) BOLT (Behind the Meter Optimization of Load Technologies) Study (the “Study”), offered in conjunction with [Vendor] (“Vendor”). The Study is open to all SCE residential customers who own or lease at least one of the eligible technologies: a qualified electric vehicle (“EV”) that is charged primarily at home, a smart thermostat, or a behind-the-meter (BTM) battery. Customers may enroll with any combination of these technologies; however, participation is not permitted for customers who solely own a smart thermostat without an EV or BTM battery. Participation is subject to your agreement to be bound by these terms and conditions with SCE and Vendor (the “Terms”), and both SCE and Vendor are relying on your commitments in these Terms. PLEASE READ THESE TERMS CAREFULLY, INCLUDING THE MANDATORY ARBITRATION PROVISION IN SECTION 11 WHICH REQUIRES THAT DISPUTES BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS, NOT A CLASS-WIDE OR CONSOLIDATED BASIS. IF YOU DO NOT WISH TO BE SUBJECT TO ARBITRATION, YOU MAY OPT OUT OF THE ARBITRATION PROVISION BY FOLLOWING THE INSTRUCTIONS PROVIDED IN SECTION 11.
 
As part of the Study, [Vendor] will work with a range of technology providers—including automobile manufacturers, EV charger manufacturers, smart thermostat companies, and BTM battery providers to enable customers to optimize their device usage and respond to dynamic electric grid signals.

In exchange for your (“You,” “Your,” or “Participant”) participation in the Study, [Vendor] will provide a technology-specific incentive based on your enrolled device(s). Incentives will be distributed in two phases: an upfront incentive upon successful enrollment and activation, and a final incentive upon completion of the Study. The following incentive amounts apply:

• Behind-the-Meter (BTM) Battery: $300 upfront, $100 at the conclusion of the pilot 
• Smart Thermostat (when paired with a BTM Battery or EV): $75 upfront, $25 at the conclusion of the pilot
  
• Electric Vehicle (EV): $100 upfront, $25 at the conclusion of the pilot
  

Upfront incentives will be issued after: (1) Your application has been reviewed, (2) You have been accepted into the Study, and (3) Your enrolled device(s) have been successfully connected to [Vendor]’s platform for participation in the Study. Incentives will be distributed via a third-party vendor in the form of an e-gift card, delivered by [Vendor] using the email address provided at enrollment. Participants must maintain active participation for the duration of the Study to receive the final incentive payment.
 
In order to enroll in the Study, please review these Terms and indicate Your understanding and agreement by checking the appropriate box titled” I agree to the following terms:”. By checking the box and enrolling in the Study, you acknowledge that you have read these Terms and agree to be legally bound by them. After reviewing Your application, [Vendor] will notify You by email if You qualify for the Study. The date that [Vendor] provides You notice of Your acceptance into the Study is Your “Enrollment Date”.

1. Eligibility
To be eligible to participate in the Study and to qualify for the applicable Signup Incentive(s), You must meet the following criteria, as determined by [Vendor] and/or Southern California Edison (“SCE”) in their sole discretion:

I. You must own or lease at least one eligible technology:

a. A qualified electric vehicle (“EV”),
b. A behind-the-meter (BTM) battery, or
c. A smart thermostat paired with either a qualified EV or BTM battery.
 
Customers with only a smart thermostat are not eligible to participate.

II. You must complete a Study application at [Vendor Website] and be selected by [Vendor], in its sole discretion, to participate in the Study.
 
III. You must provide accurate and complete information as part of your participation in the Study, including your home address, electric rate, and SCE account number. [Vendor] is not responsible for harm caused by any misstatements, misrepresentations, or missing information provided by You.
 
IV. You must be a residential customer of SCE.
 
V. If enrolling an EV, You must plug in your EV at least two (2) times per week at your home address (excluding weeks when You are traveling).
 
VI. If enrolling a smart thermostat or BTM battery, the device must remain connected to the internet and capable of receiving and responding to remote signals from [Vendor].
 
VII. If required by the device manufacturer (e.g., EV provider, thermostat provider, battery provider), You agree to:


- Download and maintain any required software applications,
  
- Comply with provider-specific terms and conditions, and
  
- Fulfill any additional technical or eligibility requirements needed for Study participation.

VIII. You agree to [Vendor]’s Terms of Service and Privacy Policy.
 
IX. You agree to these Terms and to actively participate in the Study as described herein.
 
X. You agree to maintain any subscription or connectivity services necessary to enable Study participation at no cost to [Vendor]. These may include services to enable communication between [Vendor] and your device(s).
 
XI. You are responsible for maintaining in working order any applicable enrolled equipment, including EV charging equipment, smart thermostats, or BTM batteries.
 
XII. Participation in this Study is contingent upon not being concurrently enrolled in, or actively participating in, any other Study, incentive, or offering deemed disqualifying by SCE in its sole discretion. SCE reserves the right to determine, at any time and without prior notice, whether another enrollment conflicts with this Study’s eligibility requirements.

[Vendor] and/or SCE may immediately terminate Your participation in the Study should You fail to meet any of the above Study Eligibility requirements at any time. Participant shall have no recourse to SCE for any payments, and SCE disclaims responsibility for ensuring that Participant’s data is sufficient to determine Participant’s eligibility for any Signup Incentive, Additional Incentive, or Anniversary Incentive.
 
2. Device Scheduling. As part of the Study, control schedules may be communicated to your enrolled technologies (e.g., electric vehicles, behind-the-meter (BTM) batteries, and/or smart thermostats). These schedules are designed to optimize energy usage and are customized based on a variety of factors, including your preferences, grid needs, the operational status of your enrolled devices, and applicable rate structures. For EVs and BTM batteries, schedules may include charging or discharging instructions; for smart thermostats, schedules may include temperature setpoint adjustments during events.
 
3. Overriding Options. The Study allows You to override Vendor-issued control schedules at any time. Whether you override a thermostat adjustment, cancel a battery discharge event, or choose to charge your EV immediately, You maintain the ability to opt out of a specific event or schedule with no penalties. There is no limit to the number of overrides permitted during the Study.
 
4. Remote Control Authorization.   By accepting these Terms, You grant [Vendor] permission to remotely communicate with and control your enrolled device(s) for the purposes of implementing optimized schedules, including automated EV charging, BTM battery charging/discharging, and thermostat adjustments. These actions will be performed in accordance with the Study objectives, but You retain the ability to override Vendor’s controls at any time.
 
5. Bill Impacts. [Vendor] does not guarantee that your participation in this Study will result in a decrease—or prevent an increase—in your electricity bill. The Study is designed to optimize the operation of enrolled technologies (such as electric vehicles, behind-the-meter batteries, and smart thermostats) in ways that support grid reliability and customer convenience. Under normal circumstances, participation should not materially increase Your electricity usage or cost, particularly since the Study does not require changes to your electric rate plan or use strategies such as precooling. However, electricity bill impacts can vary depending on a variety of factors outside the Study’s control, including but not limited to Your existing device usage patterns, energy rate structures, and home energy behaviors. While the Study aims to minimize bill impacts, there may be limited or unforeseen circumstances under which participation could lead to an increase in Your electricity costs. By enrolling, You acknowledge that any bill changes—whether positive, negative, or neutral—are not guaranteed and that [Vendor] and SCE are not responsible for any resulting changes to Your energy bill.

6. Waiver of Guarantee. Neither [Vendor] nor SCE can guarantee or ensure the performance, availability or outcome of your enrolled technologies–including the state of charge of your electric vehicle or battery, or the temperature control provided by your smart thermostat. For example, [Vendor] and SCE do not guarantee that your EV or BTM battery will reach a full or desired state of charge, or that it will be sufficiently charged by the time you intend to use it. Similarly, the Study does not guarantee that your smart thermostat will maintain or return to a specific temperature by a desired time.

Device performance is dependent upon several factors, including but not limited to: when an how you charge your devices, the configuration and compatibility of your equipment, your internet or network connectivity, the state of the power grid, and the effectiveness of Study-initiated schedules or signals. You are solely responsible for ensuring that your enrolled devices are operating in a manner consistent with your personal needs, and for taking any manual action required to meet those needs.  
 
7. Study Term, Termination, and Withdrawal from the Study. 

i. Subject to this Section 7, [Vendor] anticipates the Study will continue through December 2025. [Vendor] may adjust the duration of the Study based on participation, technical performance, or other operational factors. [Vendor] or SCE may discontinue the Study at any time and for any reason. [Vendor] may also extend the Study at its discretion by notifying You. If the Study is terminated early, [Vendor] will provide You with at least thirty (30) days’ advance notice.
 
ii. You may withdraw from the Study at any time without penalty. If You want or need to withdraw from the Study please email chargesmart@sce.com. In the event [Vendor] becomes aware of a change of ownership of an enrolled EV or the permanent move of an EV such that its home address now resides outside the Study territory without first hearing from You, You will be deemed to have withdrawn from the Study.
 
iii. Each device (EV, BTM battery, or thermostat) must be individually enrolled. You will receive a separate Signup Incentive for each eligible and properly enrolled device, in accordance with Study rules.
 
iv. If You withdraw from the Study, fail to adhere to these Study Terms, fail to meet the Study requirements set forth herein, or if [Vendor] discovers any tampering to any enrolled technology, [Vendor] shall have the right to terminate Your participation in the Study immediately, and/or immediately advise the technology Provider to stop sending signals related to the Study to Your enrolled technologies.

8. Changes and Limitations. The Study and Study Terms are subject to change any time. To determine whether any Study changes have occurred, visit [Vendor Website]. Any material changes will be communicated to You by email using the email address provided by You.

i. [Vendor] reserves the right to modify any and all Study incentives and rewards based on future performance, Study modifications, technology upgrades, and changes to Your Utility’s electrical distribution system. Any such changes will be communicated to You by email using the e-mail address provided by You.

ii. You agree not to tamper with any enrolled device or its associated data, including electric vehicles, behind-the-meter (BTM) batteries, and smart thermostats. You also agree to take reasonable steps to prevent unauthorized access or interference by others. If [Vendor] or any associated device provider detects or suspects tampering or manipulation of equipment or data, You may be removed from the Study at [Vendor]’s sole discretion.

iii. You agree to indemnify and hold harmless [Vendor] and SCE from any and all claims, damages and liability caused by Your fault or negligence, or Your failure to comply with the Terms. If [Vendor] or SCE is made a party (without fault on its part) to any lawsuit or arbitration started by or against You, You agree to hold [Vendor] or SCE harmless, and to pay all costs, expenses and reasonable attorneys’ fees incurred or paid by [Vendor] or SCE in connection with such lawsuit or arbitration. You also agree to pay all costs, expenses and reasonable
attorneys’ fees that [Vendor] or SCE may incur or pay in enforcing the Terms.
 
iv. YOUR PARTICIPATION IN THE STUDY IS ENTIRELY VOLUNTARY. NEITHER [VENDOR] NOR SCE ASSUMES ANY RESPONSIBILITY OR LIABILITY FOR THE PERFORMANCE, AVAILABILITY, OR CONDITION OF YOUR ENROLLED DEVICES—INCLUDING YOUR ELECTRIC VEHICLE, BEHIND-THE-METER BATTERY, OR SMART THERMOSTAT—AT ANY GIVEN TIME. THIS INCLUDES, BUT IS NOT LIMITED TO, THE STATE OF CHARGE OF YOUR EV OR BATTERY, YOUR ABILITY TO USE ANY DEVICE AS INTENDED, OR ANY DAMAGES TO OR INCURRED BY YOU OR YOUR DEVICES RESULTING FROM PARTICIPATION IN THE STUDY. [VENDOR] AND SCE MAKE NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED REGARDING YOUR PARTICIPATION IN THE STUDY, OR THE RESULTS THEREOF. IN NO EVENT, WHETHER BASED IN CONTRACT, INDEMNITY, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL [VENDOR] OR SCE BE LIABLE TO YOU, YOUR SUCCESSORS, HEIRS, OR ASSIGNS, FOR DIRECT, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS OR REVENUE, AND IN NO EVENT SHALL [VENDOR]’S OR SCE’S LIABILITY ON ANY CLAIM OF ANY KIND, OR FOR ANY LOSS OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH OR RESULTING FROM THE STUDY, THESE TERMS, OR FROM PERFORMANCE OR BREACH THEREOF, EXCEED THE TOTAL AMOUNT OF THE SIGNUP INCENTIVE PAID TO YOU DURING YOUR PARTICIPATION IN THE STUDY.

v. If You are dissatisfied with the Study, any of the Terms, or believe [Vendor] or SCE has breached these Terms in any way, Your sole and exclusive remedy is to disenroll from the Study, which you may do at any time pursuant to Section 7 of these Terms.  

9. Your Data and Confidential Information. Participation in the Study involves SCE and [Vendor] having access to certain of Your personal identifiable information and energy use data, including but not limited to, Your name, address, energy usage, utility account number, interval usage data, billing information, meter information, EV information, data generated during Participant’s enrollment in the Study, and other personal information, collectively referred to as “Confidential Information”. Pursuant to Southern California Edison’s (“SCE”) Privacy Notice (available at www.sce.com/privacy), SCE generally does not sell or disclose your personal information—including your name, address, phone number, and electric account or billing information—to third parties without your authorization. By enrolling in the BOLTs Study, you acknowledge and authorize SCE to share your Confidential Information with [Vendor] for the purposes of administering and optimizing the Study. Once your data is shared with [Vendor], SCE is not responsible for any subsequent use or disclosure of your information by [Vendor]. You are responsible for addressing with [Vendor] directly regarding its safeguarding of Your personal information from further disclosure without Your consent. You hereby release, hold harmless, and indemnify SCE from any liability, claims, demands, causes of action, damages, or expenses resulting from: 1) any release of information to [Vendor] pursuant to these Terms; 2) the unauthorized use of this information by [Vendor]; and 3) from any actions taken by [Vendor], pursuant to these Terms. In addition, You authorize SCE and [Vendor], and their employees and representatives, to use and exchange the Confidential Information to administer the Study and in accordance with [Vendor]’s Customer Privacy Policy [link to vendors policy page] and SCE’s Customer Privacy Policy (https://www.sce.com/privacy). (Even though those policies are separate documents from these Terms, they are incorporated by reference and considered part of these Terms.). Participant further authorizes SCE and [Vendor]to provide any Confidential Information to the California Public Utilities Commission upon its request or as otherwise required by law. Provided the Confidential Information is anonymized and does not contain any Participant personal identifiable information, such anonymized information may be used or disclosed by SCE publicly without the need for Your consent. 

10. Governing Law and Forums. The Terms are governed by the laws of the State of California (without regard to conflicts of law principles) for any dispute between You and [Vendor] and/or SCE arising out of or relating to the subject matter of these Study Terms. Any suit or legal proceeding must be exclusively brought in the federal or state courts for Los Angeles County, California, and You submit to this personal jurisdiction and venue. Nothing in the Terms prevents You or [Vendor] from seeking injunctive relief in a court of competent jurisdiction.

11. Arbitration Provision. Please read this part carefully because it means you are agreeing that any unresolved dispute between you and [Vendor] or you and SCE (or between you and both [Vendor] and SCE) will not be decided by a judge or jury in a public courtroom, but instead by a single arbitrator in a private arbitration. If you have a dispute arising out of or relating to any aspect of the relationship between you and [Vendor], Inc. or its affiliates (which we call “[Vendor]”) and/or between you and Southern California Edison Company or its affiliates (“SCE”), please send an email to [vendors email address] (for [Vendor]) or Bolts@sce.com (for SCE) describing your dispute and how you would like it resolved. If it is not resolved within 60 days from the date of your email, you agree that your dispute can only be resolved by a single arbitrator in an arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. This includes claims arising before you enrolled in the Study (such as claims related to statements [Vendor] made about our products). [Vendor] and/or SCE (as applicable) will pay all AAA fees for any arbitration, which will be held in the city or county of your legal residence. To learn more about the Rules and how to begin an arbitration, you can call any AAA office or go to www.adr.org. The arbitrator can only resolve disputes between you and [Vendor] and SCE, and cannot consolidate claims from others without consent from you, Vendor, SCE and the others. You can only bring claims in arbitration against [Vendor] and/or SCE in your individual capacity and not as a plaintiff or class member in any class or representative action (and the same is true for [Vendor] and SCE). If a court or arbitrator decides that any part of this agreement to arbitrate cannot be enforced as to a specific claim for relief or remedy (such as what lawyers call “injunctive” or “declaratory” relief), then that claim or remedy (and only that claim or remedy) will be carved out of the arbitration and can be filed in court; all other claims must be arbitrated. If you prefer, you can take your individual dispute to a small claims court instead. If you don’t want to agree to arbitration, you can "opt out” of arbitration by sending us a letter within 30 days after enrolling in the Study. Please send the letter to [Vendor], Inc.; [Vendor’s Address], and/or Southern California Edison Company Attn: Claims Department, P.O. Box 900, Rosemead, CA 91770, and include your name, this Study description, and a statement explaining your desire to opt out of arbitration. If you do not opt out, your agreement to arbitrate overrides any different arbitration agreement between us.

12. Study Communication. You consent to receive communications from [Vendor] relating to the Study in electronic form sent to Your email address and phone number provided during enrollment. You expressly consent to receiving calls and messages, including SMS messages (including text messages) from [Vendor], its affiliates, marketing partners, agents and other calling at their request or on their behalf, at any telephone numbers that you have provided or may provide in the future (including any cellular telephone numbers). Your cellular or mobile phone provider will charge You according to the type of plan You carry.
 
13. General Terms.

i. Entire Agreement. These Terms are the entire agreement between SCE, [Vendor] and You concerning the Study, and they supersede any prior or contemporaneous negotiations or agreement, whether oral or written, related to this subject matter. You are not relying on any representation concerning this subject matter, oral or written, not included in the Terms. No representation, promise, or inducement not included in the Terms is binding. [Vendor] reserves the right to update these Study Terms from time to time. [Vendor] may provide prior notice to You before such terms take effect, but [Vendor] is not obligated to do so.
 
ii. No Assignment. These Terms may not be assigned by You without [Vendor]’s and SCE’s prior written consent.   
 
iii. Severability and Waiver. If any provision herein is invalid or unenforceable, the remaining provisions will remain in full force and effect. The failure of either party at any time to insist upon the strict performance of any or all of the terms, conditions, and covenants in the Terms shall not be deemed a waiver by that party of any subsequent breach or default in the said terms, conditions, or covenants by the other party.
 
iv. Survival. Termination in the Study will not affect the obligations and rights under these Terms which are intended to survive such termination. 
 
v. Money Damages Insufficient. Any breach by a party of these Terms or violation of the other party’s intellectual property rights could cause irreparable injury or harm to the other party. The other party may seek a court order to stop any breach or avoid any future breach of these terms of use.
 
vi. Force Majeure. Neither party is liable for its non-performance due to events beyond its reasonable control, including but not limited to natural weather events and disasters, labor disruptions, and disruptions in the supply of electric utilities.
 
vii. Feedback. If You provide [Vendor] with feedback or suggestions about the Study, then [Vendor] may use such information without obligation to You.