Residential Behavioral Demand Response Participants (“Terms and Conditions”)

As of August, 2022

Welcome to AutoGrid’s PG&E Behavioral Demand Response Program (“the Program”).

1. Program Eligibility

You must meet the following eligibility requirements to participate in the Program:

• You must be a PG&E electricity account holder on a residential rate for the duration of the Program.
• To participate in behavioral demand response (BDR), you do not need a specific device.
• You must be at least eighteen (18) years old.
• This option is not available to customers that are on a Medical Baseline discount
• The service account must be serviced by a PG&E-approved smart meter (“Smart Meter”)
• Your account may not be enrolled in other PG&E or third-party Demand Response (DR) programs. Customers with Devices(s) enrolled in any of these programs must disenroll prior to enrolling in the PG&E DRAM Program.
• You need an online PG&E account to give us access to your meter data (PG&E Rule 24). If you do not have an PG&E login, you will be prompted by PG&E to create one to continue
• If you have a permanently-installed backup generator that uses diesel, natural gas, gasoline, or propane you must inform AutoGrid in writing of its make and model.
• You must agree to and comply with the following Terms and Conditions.

AutoGrid will make a final determination of your eligibility to participate in the Program at its sole discretion. These Terms and Conditions are between you and AutoGrid. As a participant in the Program, you acknowledge and agree that your use of your Devices and your participation in the Program are subject to these Terms and Conditions as they are amended from time to time.

2. Customer Agreements

You agree to allow AutoGrid to access your personally identifiable information (PII) to verify your program participation during the term of the program.

3. Incentives

You acknowledge that AutoGrid may receive all credits, rebates, environmental attributes, solar renewable energy credits, or other payments or offsets (the “Benefits”) that are attributable to the Program. All Benefits will be the sole property of and transferable by AutoGrid.

In exchange for your participation in the Program, the following rewards are offered (the “Reward”):

• You will receive $50 a few weeks after you initially enroll
• You will receive additional $50 for each of your referrals that enrolls
• Each time you participate in an event, you will receive $2 per kWh reduced, based on your measured performance; you will be paid a few weeks after the end of the season

The Rewards will be in the form of an electronic MasterCard usable at any retail outlet that accepts MasterCard. The Reward will not be exchangeable for cash or PG&E statement credit. You are solely responsible for compliance with federal, state, and local tax and other laws, and any costs associated with accepting and using the Reward.

If you suspend or terminate your participation in the Program for any reason during the Term, you will be ineligible to receive any accrued or subsequent Rewards.

AutoGrid reserves the right to make changes to the Reward from time to time. In such cases, you will be notified via email and will have the option to terminate your participation.

4. Program Parameters for the Program

The program parameters are as follows:

• Events can be called weekdays between the hours of 4 PM to 9 PM for no more than 4 hours any given day
• There will no more than 3 events in one week
• There will be no more than 20 events during each Program season
• Program Season is May-1 to Sept-30 of each year

In cases of a grid emergency, AutoGrid may also dispatch your Device during a weekend day or holiday

5. Participation Costs

The Program is free to participate.

6. Program Withdrawal

You may withdraw enrollment at any time without financial penalty by contacting AutoGrid customer support at Phone : 888-292-0502 or email
caiso-drp@energyaisystems.com. Please include your name and street address when requesting to unenroll by email. Hours of operation are 24/7.

7. PG&E Rule 24 (also known as Share My Data or Green Button)

You agree to share your meter data with AutoGrid using PG&E’s Rule 24 process. During this process you will log into PG&E’s website using your login and your password in order to permit PG&E to share your meter data with AutoGrid and any of its subsidiaries. More information about this process is available from PG&E and the California Public Utilities Commission (CPUC):

• PG&E:Click Here
• CPUC:Click Here

8. Termination

You agree that AutoGrid may suspend this Program or terminate your participation in its Program at any time at PG&E’s sole discretion.

9. Communications

You are responsible for keeping your email address updated with AutoGrid by emailing caiso-drp@energyaisystems.com. or by calling 1-888-292-0502.In the event that your email address has changed, is not functioning properly, or is no longer valid, you might not receive Program communications.

10. Disclaimer

AutoGrid makes no representations or warranties with respect to the Program or AutoGrid’s services hereunder, and AutoGrid expressly disclaims any and all representations and warranties, express or implied, with respect to the same, including, without limitation, merchantability and fitness for a particular purpose.

11. Indemnity; Limitation of Claims

Except to the extent prohibited under applicable law, you hereby release AutoGrid and its affiliated entities and their respective directors, officers, employees, and representatives (collectively, the “Indemnitees”) from, and agree to defend, indemnify and hold harmless the Indemnitees from and against, all claims, damages, losses, costs and expenses (including attorneys’ fees) arising out of any violation of these Terms and Conditions by you. AutoGrid reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with AutoGrid’s defense of those claims.

You must contact AutoGrid within one (1) year of the date of the occurrence of the event or facts giving rise to a dispute, or you waive the right to pursue any claim based upon such event, facts or dispute.

12. Data Usage and Disclosure

By participating in the Program, you are permitting AutoGrid to share data about your account (“Data”) with PG&E. This Data may include but is not limited to: email, address, and telemetry.

You also agree that AutoGrid may use Data for the following purposes (in each case to the extent permitted by applicable law): (1) to operate, maintain, provide, and enhance the Program; (2) for AutoGrid’s internal purposes, including, without limitation, research and development, improvement of AutoGrid’s product and service offerings, and creation of new product and service offerings; (3) to customize content and communications AutoGrid may provide to customers; and (4) for other purposes so long as the Data does not contain personally identifiable information (including where Data has been deidentified).

AutoGrid will not disclose Data to any third parties other than in furtherance of the above purposes and in the following circumstances: (1) where the Data does not contain personally identifiable information (including where Data have been deidentified); (2) in order to provide AutoGrid products or services to you (including working with third-party service providers who may assist AutoGrid in collecting, hosting, maintaining, analyzing, or otherwise processing Data for AutoGrid); (3) if required to do so by any law or regulation, in response to a court order, judicial or other government subpoena or warrant, or to otherwise cooperate with law enforcement or other governmental agencies; (4) if AutoGrid believes, in good faith, disclosure is appropriate or necessary to (a) take precautions against its own liability, (b) protect AutoGrid or others from fraudulent, abusive, or unlawful uses or activity, (c) investigate or defend against any third-party claims or allegations, (d) protect the security or integrity of AutoGrid’s services and any facilities or equipment used to make such services available, or (e) protect AutoGrid’s property or other legal rights (including, but not limited to, enforcement of AutoGrid’s agreements), or the rights, property, or safety of others; (5) to AutoGrid’s assignees, affiliates, actual or prospective lenders, financing parties, investors, insurers, and acquirers; (6) disclosure to contractors, service providers, and other third parties AutoGrid uses to support its business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which AutoGrid discloses it to them; and (7) for any purpose for which you have provided your express consent.

13. Waiver

By accepting these Terms and Conditions, you hereby waive the right to a trial by jury or to participate in any class action or representative proceeding, and you agree that any dispute, claim or controversy arising out of or relating to these Terms and Conditions or the breach, termination, enforcement, interpretation or validity thereof.

14. Attorneys’ Fees and Costs

If either you or AutoGrid initiates any legal proceeding to enforce its rights under these Terms and Conditions, the prevailing party shall be entitled to an award of reasonable attorneys’ fees, reasonable expert fees, and costs and expenses actually incurred.

15. Governing Law

These Terms and Conditions are governed by and construed under the laws of the State of California, U.S.A., without regard to its principles of conflicts of law, and regardless of your location. You and AutoGrid hereby submit to the personal and exclusive jurisdiction of the state courts and federal courts located within San Mateo County, California for resolution of any lawsuit or court proceeding permitted under these Terms and Conditions

For more information, contact AutoGrid by emailing caiso-drp@energyaisystems.com.