PROGRAM TERMS AND
Welcome to the Duke Energy Power Manager®
Thermostat Program (“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 the Reward
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 (as each is defined below).
YOU MUST BE AN EXISTING USER OF THE VENDOR
SERVICE TO BECOME A PARTICIPANT. PLEASE READ THESE TERMS CAREFULLY. THIS
PROGRAM IS VOID WHERE PROHIBITED BY LAW.
Binding Agreement. By applying for the
Program, you agree to comply with and be bound by these Terms. 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 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
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 and forfeiture of any
About the Program. Applicants whose
applications to participate in the Program are accepted by Utility (“Participants”)
and who fully comply with these Terms may receive the incentive set forth below
(“Reward”) to be provided to you
by Utility. To receive the Reward, you must be accepted as a Participant by the Sponsor and Utility
and your participation must not be withdrawn or terminated and the program must
not be terminated. Participants may also help reduce stress on the
Definitions. In the context of
Program is provided by EnergyHub, Inc., 232 3rd Street, Suite C201, Brooklyn,
NY 11215 (“Sponsor”).
· “Provider” means your authorized provider, reseller or
representative of Alarm.com or Alarm.com’s affiliates
who provides your Alarm.com system.
· “Utility” means your utility, namely Duke Energy.
· “Sponsor Parties” means Sponsor, Vendor, Provider, and Utility,
their respective successors and assigns, and each of their respective
affiliates, agents, directors, officers, and employees.
“Device” means a
device that can be monitored and controlled during the program through the Alarm.com cloud
platform or other communications pathway.
“Service” means the vendor’s
hardware and software.
Application Consent by Participant. By submitting an application to enroll as a Participant, you authorize the Sponsor Parties 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 operational data about your Devices (collectively, “Program Data”), solely for the purposes of determining your eligibility for the Program and operating the Program; 2) review and analyze all of your Program Data for the purposes of the Sponsor Parties fulfilling their obligations under the Program and applicable law, improving the Program and as otherwise permitted by applicable law, and to exchange conclusions with each other and publish results based on those conclusions, provided that they treat all such Program Data in accordance with their respective privacy policies; 3) automatically adjust your Devices, as required by the Program at times indicated by Utility (as described below) or for general system testing purposes; 4) send you emails, text messages, pre-recorded 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, pre-recorded messages and other notifications related to surveys about the Program and to share your responses to such surveys among themselves; 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 be at least 18
years of age;
· You must have one or more
Devices that are compatible with and connected to the Vendor platform
(“Service”) and compatible with the Program design;
· Maintain an active
account in good standing on the Service and a continuous connection between
your enrolled Devices and the Service;
· Assist Sponsor Parties’
support personnel in troubleshooting and resolving connectivity, firmware and
other Device-related issues.
additional Devices installed as part of your Sponsor system at your Utility
service address will be automatically enrolled in the Program and may also
participate in Adjustment Events, as described below. Rewards will be provided
pursuant to the applicable Utility offer and the automatic enrollment of
additional Devices may not result in additional Rewards.
Program Period. The Program will
run for the period set forth below (the “Program
Period”). You may be automatically re-enrolled in subsequent Program
Periods at Sponsor’s discretion, subject to the then-current Terms for the
Program Description. Participant agrees to
allow Program Parties to control the Participant’s Devices during the Program
Period. Such adjustments are referred to
as “Adjustment Events.” Adjustment Events may change device mode,
setpoint, or other settings, as applicable. For Devices that allow for
temperature control, Adjustment Events may include or be preceded by “pre-cool”
or “pre-heat” periods, wherein the then-current or scheduled target temperature
setpoint is temporarily changed to prepare for the subsequent adjustment. For
certain types of services offered by the Sponsor Parties, an Adjustment Event
may occur even if the Device is in any kind of hold mode at the start of the
Adjustment Event. Participant may opt out of an Adjustment Event at any time
directly by adjusting his/her device.
How To Apply. You can apply to
participate in the Program through your Vendor web or mobile account or at the
program enrollment website specified below. Sponsor and Utility may accept or
reject your application in their sole discretion.
you are accepted as a Participant in the Program, you may withdraw by emailing
the Sponsor contact address specified below or through your account web portal
or mobile app. Withdrawal will not affect the other services provided by the
Sponsor Parties to you. By withdrawing, you may render yourself ineligible to
receive the Reward, participate in the Program in the future, or participate in
other programs offered by Sponsor or Provider.
Program Termination. Sponsor's
ability to offer the Program is contingent on receiving certain approvals and
acceptances from Utility. If such approvals and acceptances are withheld or
withdrawn, or if the Program is declared unlawful, the Program will be
terminated along with the Reward. In the event of such termination, Sponsor
will provide notice at www.energyhub.com.
Disqualification. Sponsor may terminate
your participation in the Program and Reward at any time and without liability
upon notice to you via email if you violate these Terms or applicable law, if
you do not comply with any reasonable request from a Sponsor Party in
connection with this Program, if your Utility declares you ineligible for the
Program, if your account with Vendor or Provider is no longer in good standing,
or if you do not maintain a continuous connection between your enrolled
Device(s) and the Service. If you enroll in a conflicting energy program
through Sponsor Parties, Sponsor may terminate your participation in the
Program without liability and without notice.
in Your Electricity Costs. Sponsor Parties 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 to Sponsor 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 Conditions. This Program is
governed by the laws of the State of New York without regard to its applicable
principles of conflicts of law. The Sponsor’s failure to enforce any term of
these Terms shall not constitute a waiver of that provision. THE SPONSOR
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 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, OR (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 INDEMNIFY AND AGREE TO KEEP THE SPONSOR 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. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE TO HOLD THE SPONSOR
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 SPONSOR PARTIES’ FRAUDULENT MISREPRESENTATION
OR DELIBERATE BREACH OF CONTRACT. THE SPONSOR 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. 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 may assign these Terms to any third party. The Sponsor
Parties are not responsible for the policies, actions, or inactions of others
that might prevent the Participant from entering, participating, or claiming a
These Terms 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
Arbitration. If the you and the Sponsor do not resolve any dispute by informal
negotiation, any other effort to resolve the dispute will be conducted
exclusively by binding individual arbitration governed by the Federal
Arbitration Act (“FAA”). You are giving up the right to litigate (or
participate in as a party or class member) all disputes in court before a judge
or jury. Instead, all disputes will be resolved on an individual basis before a
neutral arbitrator, whose decision will be final except for a limited right of
appeal under the FAA. Any court with jurisdiction over the parties may enforce
the arbitrator’s award.
No Class Action Procedure. Notwithstanding any of the foregoing or any other provision of these
Terms, class arbitration is not permitted under any circumstance. You and the
Sponsor agree that, by entering into this Agreement, 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 the arbitrator 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. Although the
non-availability of any form of representative or class proceeding is clear
from this Agreement, should any dispute arise regarding or relating to the
existence, validity, enforceability, or interpretation of the Arbitration and
No Class Action procedures provisions above, the federal court located in New
York, New York shall have the sole and exclusive jurisdiction to hear and
determine the issue.
to the Terms. Sponsor
may modify these Terms at any time. We
will notify you by email at the most current email address we have on record
for you when we make any material changes to these Terms, and the effective
date of the modified Terms, which will be after the date of our 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. We will
also post the most current version of the Terms on our website specified below
and encourage you to check this site frequently.
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 Vendor’s website, shall constitute effective
execution and delivery of these Terms, and shall form a binding contract
between you and the Sponsor.
· Utility Program website address: https://www.duke-energy.com/home/products/power-manager
o Enrollment Incentive: Receive a $75 Bill credit per household when you
are accepted into the Program.
o Participation Incentive: Receive an additional $25 Bill credit per
household for every 12 months you remain enrolled in the Program. Participation
incentives will be issued after the anniversary of your acceptance into the
o Must be a Duke Energy Residential customer in the state of Indiana.
o If you have two or more eligible WiFi-connected
thermostats in your household and would like to participate in the Program, all
thermostats must be enrolled in the Program. All thermostats in the home must
be WiFi-connected to be eligible for the Program
(customers that have at least one standard thermostat that is not WiFi-connected are not eligible to apply). Customers with
multiple enrolled WiFi-connected thermostats in one
household are only eligible for one Enrollment Incentive and one annual
Cannot be a residential time-of-use or net metering customer.
be a participant in the Power Manager option that connects to your air
conditioner and provides credits on your summer electric bills.
· The Program application for enrollment
is available at the following website address: https://www.alarm.com/login
· EnergyHub contact information: support@powermanagertstat-IN.com
the time that the program is active. You may be
automatically re-enrolled in subsequent Program Periods at Sponsor’s
discretion, subject to the then-current Terms for the Program. You may unenroll from the Program at any
· The Program Terms are available at the following website: https://mercury.energyhub.net/t/terms/dei/adc-dei.pdf