Ava SmartHome Charging Terms & Conditions

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Introduction:

Welcome to the Ava SmartHome Charging program. By participating, you’re not only saving on electricity, but also increasing the use of renewable energy and helping maintain grid stability for everyone. Customers who apply will be required to comply with these terms and conditions and additionally, certify that they have thoroughly and carefully read, understand, and agree to the following:. Agreeing to these terms begin from the date you submit your application to enroll.

1. Program. This program (“Program”) will provide a managed electric vehicle (“EV”) charging service for Ava residential customers who drive EVs that they charge at their residence within Ava’s service territory. Participants shall receive seventy-five dollars ($75.00) upon completing a two-week baseline period and the first managed home-charging session and may receive up to twenty-five dollars ($25.00) per year based on performance, as further described in Exhibit A (“Program Description”), attached hereto and incorporated herein. Participants are not entitled to receive any additional compensation for their participation in the Program.
2. Disclaimer. Ava makes no representations or warranties as to the effectiveness of the charging service to reduce Participant’s charging costs or reduce emissions. Further, Ava makes no representations, express or implied, regarding the reliability, performance, or operation of the charging system. Services and charging system are provided as-is.
3. Optiwatt Terms of Use and Privacy Policy. In order to participate in the Program, Participant must use an application developed by Optiwatt (“Application”). Participant must agree to the Terms of Service and Privacy Policy of Optiwatt in order to use the Application. The policies may be found at https://optiwatt.com/tos and may be updated from time to time.  The Application is owned and operated by Optiwatt. Ava is not a party to your agreement with Optiwatt and Ava makes no representations or warranties regarding the Application and disclaims all liability resulting from Participants use of Application. 
4. Term. Ava anticipates that this Program will continue through March 31, 2027. Participants may choose to leave the Program for any reason at any time by disabling the Application described in Section 3 above. Ava reserves the right to remove Participants from the program or disallow new Participants to join the program for any reason. Ava may remove Participants from the Program if a Participant no longer meets the eligibility requirements set forth in this Agreement and in the Application, or if Ava determines that a Participant is no longer actively participating in the Program. Ava reserves the right to modify or terminate this Program, in whole or in part at any time and for any reason, without prior notice. Upon termination, Optiwatt shall not retain any Participant data, nor will the Participant continue to be enrolled in the Application.
5. Participant Requirements. In order to enroll in the Program and utilize the managed EV charging service, the Participant must, at minimum, have an eligible EV or smart charger and be an Ava customer. Participants are solely responsible for purchasing, maintaining and using at their own expense all utility, Wi-Fi, access to the internet, communications and other equipment and devices necessary to participate in the Program. Participant acknowledges and confirms that any information or response they will provide in the Application (such as their name, e-mail, home address, vehicle make/model, and EV charger type) is accurate and will remain accurate throughout their participation in the Program. If there are any changes to such information, Participant will promptly provide notice to Optiwatt of the updated information.
6. Indemnification. Participant agrees to defend, indemnify, and hold harmless Ava, its members, officers, officials, agents, employees, and volunteers from and against any and all loss, liability, expense, claims, suits, and damages, including attorneys' fees, arising out of or resulting from Participant’s use of the charging service and/or participation in the Program.
7. Limitation of Liability and Release. NEITHER AVA NOR ANY OF ITS MEMBERS, AGENTS OR EMPLOYEES (“AVA RELEASES”) ARE OR WILL BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE PROGRAM. WITHOUT LIMITING THE FOREGOING, THE MAXIMUM LIABILITY OF AVA AND ITS MEMBERS, AGENTS, AND EMPLOYEES FOR ANY DIRECT DAMAGES IN THE AGGREGATE WILL NOT EXCEED $100. Participant agrees to waive and release Ava Releases from any claims that would otherwise be preserved by operation of section 1542 of the California Civil Code, which provides: “A general release does not extend to claims which the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor or released party.”
8. Collection and Use of Participant Data. Participant consents to Ava, Optiwatt and their respective agents, including but not limited to Lunar, accessing and using Participant’s utility data, billing data, and CAISO data for purposes of conducting the Program, in addition to the ability to enroll their household meter for future demand response program participation that leverages Program data. Additionally, Participant consents to Ava, Optiwatt, and their respective agents including but not limited to Lunar, accessing data from the Participant’s connected hardware (vehicle telematics and/or smart charger), including but not limited to vehicle make/model, charger make, charger serial number, energy and charge reporting, GPS vehicle tracking, and similar data (“Collected Data”) and sharing Collected Data with each other for purposes of evaluating and conducting the Program. In addition, Collected Data may be aggregated and submitted by Ava to the California Air Resources Board (CARB) to leverage Low Carbon Fuel Standard (LCFS) crediting in order to reinvest into the Program. 
9. Participant Feedback and Data Collection. Participant will cooperate in good faith with Ava or its authorized representatives in performing evaluation, measurement, and verification of the Program. Ava will use data collected from Participants to evaluate the Program and for future planning purposes, including, but not limited to, assessing user experience, measuring potential retail bill savings to customers, avoiding energy supply costs to Ava, and reducing emissions. Additionally, Ava may request that Participants complete surveys during and after the conclusion of the Program. Ava may use and publicize quotes from Participant surveys in promotional materials. These quotes would remain anonymous unless explicitly approved by the Participant.
10. Assignment. This Agreement is personal to Participant. Participant may not assign or transfer rights or delegate obligations under this Agreement.
11. Law and Venue. This Agreement shall be interpreted and enforced in accordance with the laws of the State of California, with venue in Alameda County, without reference to its principles on conflicts of laws.

EXHIBIT A

PROGRAM DESCRIPTION

Ava SmartHome Charging is designed to help the Participant maximize energy bill savings, increase the use of renewable energy, and maintain grid stability by shifting charging to off-peak and solar hours while also reducing peak energy use in those charging hours. Every device enrolled into the program and actively participating helps achieve these goals. Participant devices and managed charging controls are delineated between the following asset groups:

1. Active managed charging – two-way connection and communication between the device and Optiwatt, while being fully integrated with Optiwatt’s managed charging algorithm.

2. Passive managed charging - one-way connection and communication from the device to Optiwatt as “read only”. The collected data supports sending tailored communications to participants to improve program participation and benefits. Fully integrated managed charging program features are not available on these devices. Users will need to set their charging schedules in their vehicle or home charger to get the maximum program benefit. Ava reserves the right to cap enrollments in this user group.

3. Behavioral only – there is no connection between the device and Optiwatt. This occurs when a participant selects “enroll my address”. Users with these enrolled devices will receive more general messaging to improve program participation and benefits. Fully integrated managed charging program features are not available on these devices. Users will need to set their charging schedules in their vehicle or home charger to get the maximum program benefit. This user group is capped at 5% of all program participants and Ava reserves the right to remove participation of enrollments that fall under this category.

To receive the performance-based incentive, Participant devices must meet the requirements for an active asset which is defined below and varies by asset group

• EVs and EVSEs enrolled under active managed charging or passive managed charging must have:
  • At least 1 home charge per month
  • At least 50% of monthly home charging (kWh) takes place off-peak, defined as Midnight to 3pm in this program.
• EVs and EVSEs enrolled under behavioral only must:
  • Must be receiving notifications through one or more channels (g. email, in-app push notifications, SMS) at least 1 time per month. Opting out of program notices would void a Participant’s incentive for any month they were opted out.
  • Once customer meter measurement capabilities are available, Ava would require at least 50% of monthly home charging (kWh) taking place off-peak.

Only the EV asset will be counted as active if there is more than one asset on the same circuit in the case of an EV and an EVSE on the same circuit. If these assets occasionally participate independently, they will both be counted as active if they independently meet the active definition. If one asset participates at multiple locations, it will only be counted as active once.

Eligible Vehicles

The following EVs and home EV chargers fall under either active managed charging or passive managed charging eligible devices. You may need to have an OEM telematics data pass (like Chevrolet’s OnStar) enabled to participate in active or passive charging management.

Contact Info 

support@optiwatt.com  |  1 (855) 967-1267

support@optiwatt.com
1 (855) 967-1267