1. Acceptance of Terms and Conditions
Thank you for your interest in FortisAlberta Inc.’s ("FortisAlberta," "we," "us," "our") EV Smart Charging Pilot (the "Pilot"). The following terms and conditions, together with any documents and additional terms they expressly incorporate by reference (collectively, these "Terms and Conditions"), will govern your participation in the Pilot.
BY CLICKING OR OTHERWISE SELECTING TO ACCEPT THESE TERMS AND CONDITIONS, YOU AGREE TO BE BOUND BY SAME. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU ARE NOT ELIGIBLE TO, AND MUST NOT, PARTICIPATE IN THE PILOT.
2. The Pilot
Upon enrollment into the Pilot, you will be granted access to the FortisAlberta portal within Compass Global, Inc.’s (the “Platform Provider”) Optiwatt platform (the “Optiwatt App”). The Optiwatt App is an application that is installed on your smartphone or other device. The app connects to your electric vehicle (EV) and allows you to track and schedule the charging of your EV, and FortisAlberta to monitor your EV charging patterns and facilitate Managed Charging (defined below) and other benefits.
The Pilot may provide participants with certain Incentives (defined below). Participation in the Pilot is voluntary, and you can withdraw at any time.
The Optiwatt App will collect from your device and your EV certain of your personal information. This information includes, but is not limited to, the following: your name, address, electric utility, electricity retailer, site ID, EV make/model, vehicle identification number (VIN), GPS/locational data from your EV, EV specifications, estimated battery range, details about your EV charging and energy use (including timing, charging location and consumption amounts) and details about your driving (including duration, times and energy consumption) (such data, collectively referred to as “User Data”). You agree to FortisAlberta’s collection and use of such User Data, and the disclosure of same to a limited set of FortisAlberta’s contractors and research partners, for the purposes of: (i) administering the Pilot; (ii) studying consumer behaviour; and (iii) conducting analysis and planning activities relating to the electricity distribution system. Please see Section B (Security and Privacy) in the Additional Terms and Conditions below for further details.
You acknowledge and agree that you remain responsible for paying for your electricity usage through your electricity retailer and that the Pilot is not intended to result in a reduction in your utility bill. Instead, you may be eligible for certain Incentives. Incentives are described in Section 4 below.
Your usage of the Optiwatt App is subject to a separate agreement between you and the Platform Provider. You acknowledge that FortisAlberta is facilitating your access to the Optiwatt App and allowing your participation in the Pilot. In exchange, you agree to release and save FortisAlberta harmless from any and all claims relating to your usage of the Optiwatt App.
3. Eligibility for the Pilot
To be eligible for participation, you must:
a. Live in FortisAlberta’s service area and be a FortisAlberta customer;
b. Install the Optiwatt App on your smartphone or other device;
c. Drive a battery EV that is compatible with the Optiwatt App (see the list of supported EVs at www.fortisalberta.com/evpilotproject);
d. Have an indoor or outdoor charging station installed at your home; and
e. Ensure your vehicle’s cellular connection is enabled and payment for your vehicle’s cellular service subscription is up to date, where applicable.
By agreeing to these Terms and Conditions, you represent and warrant that you meet each of the requirements above. A maximum of 2 vehicles per household may participate in the Pilot.
As a participant in the Pilot, you may be eligible for certain financial incentives (“Incentives”). For example, Incentives may be awarded to those participants that charge their EVs during low demand periods or those that participate in Managed Charging (defined below). You may also be eligible for a one-time sign-up Incentive and/or an Incentive for full completion of the Pilot. Such Incentives will be administered and redeemable through the Optiwatt App.
Your Incentive structure will be communicated to you through the Optiwatt App upon enrollment into the Pilot, and from time to time thereafter. FortisAlberta may, in its sole discretion and without notice, modify Incentives at any time. You acknowledge and agree that you are not guaranteed or owed any Incentives as a result of your participation in the Pilot, or as a result of any action you take while participating. In addition to the foregoing, you are not permitted to sell or otherwise transfer Incentives.
5. Managed Charging
You may be eligible to participate in managed EV charging under the Pilot (“Managed Charging”). Managed Charging involves FortisAlberta and/or the Platform Provider remotely scheduling and managing the charging of your EV. If you are included in a Managed Charging plan, you authorize the Platform Provider and FortisAlberta to charge your vehicle on an optimized charging schedule designed to have the vehicle charged when needed and at time periods that result in reduced load on the electricity distribution system. The charging schedule is customized to each participant based upon several factors, such as your driving needs. The charging schedule may change each time your EV is plugged in, depending on your EV’s charging requirement and the needs of the grid. You can opt out of Managed Charging at any time through the Optiwatt App.
You may be asked to participate in surveys related to the Pilot. You agree to participate in such surveys and acknowledge that your eligibility for certain Incentives may be conditional upon your participation in such surveys.
7. Term and Termination
The Pilot shall commence in January 2023 and, unless terminated earlier in accordance with the terms below, conclude on December 31, 2023. Your participation in the Pilot will commence upon your acceptance of these Terms and Conditions and terminate upon conclusion of the Pilot. Your participation may end prior to the conclusion of the Pilot if you withdraw early from the Pilot or your participation is terminated by FortisAlberta in accordance with the provisions below. If you wish to withdraw from the Pilot, you may do so through the Optiwatt App. FortisAlberta may terminate the Pilot at any time for any reason by sending you notice by email. In the case of withdrawal or termination as provided in this paragraph, you will be permitted to redeem any awarded but unredeemed Incentives; provided, however, you will no longer be eligible for any Incentives that were contingent on completion of the Pilot or on any other milestone.
FortisAlberta may terminate your participation in the Pilot in the event of your breach of these Terms and Conditions, or your wilful misconduct, fraud, failure to participate in any aspect of the Pilot, or failure to meet the eligibility requirements set out above. In the case of termination pursuant to this paragraph, you will forfeit any unredeemed Incentives.
ADDITIONAL TERMS AND CONDITIONS
A. Modification to the Terms and Conditions
We reserve the right in our sole discretion to revise and update these Terms and Conditions from time to time. Any such modifications are effective immediately upon posting and apply to your continued participation in the Pilot. We will notify you of modifications within a reasonable period of time.
B. Security and Privacy
User Data will be collected by FortisAlberta and retained for as long as required to run the Pilot and to conduct the analysis and planning programs described above. Without limiting Section 2, you authorize FortisAlberta to share User Data with third parties, including the University of Calgary and the University of Alberta (together, the “Research Partners”) for the purposes described in Section 2.
You will notify any person who owns or uses any EV connected to the Optiwatt App through your participation in the Pilot that the User Data will be collected, used and disclosed as provided in these Terms and Conditions.
The security of your personal information is very important to us. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to, or processed by, us and/or the Optiwatt App. Any transmission of personal information is at your own risk.
You are prohibited from attempting to circumvent, and from violating, the security of any aspect of the Pilot or the Optiwatt App, including, without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures; (c) restricting, disrupting or disabling service to users, hosts, servers, or networks; (d) introducing any malware, viruses, trojan horses, worms, or other material that is malicious or technologically harmful; and (e) otherwise attempting to interfere with the proper operation of any aspect of the Pilot or the Optiwatt App.
You hereby consent to receiving e-mail communications from us regarding the Pilot.
C. Ownership of Data
You agree to provide an irrevocable license to FortisAlberta to use the User Data for the purposes described in Section 2.
D. Disclaimer of Warranties
AS BETWEEN YOU AND FORTISALBERTA, YOUR ACCESS TO THE OPTIWATT APP, ITS CONTENT, AND ANY SERVICES AND DATA OBTAINED FROM IT ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR NON-INFRINGEMENT.
NEITHER FORTISALBERTA NOR ITS PARENT, SUBSIDIARIES, AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF ANY ASPECT OF THE PILOT OR THE OPTIWATT APP. WITHOUT LIMITING THE FOREGOING, NEITHER FORTISALBERTA NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS REPRESENT OR WARRANT THAT THE PILOT OR THE OPTIWATT APP, AND THEIR CONTENT, OR ANY SERVICES, OR DATA OBTAINED THROUGH EITHER OF THE FOREGOING, WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THE OPTIWATT APP WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
We make no warranty or guarantee that your EV will have a full state of charge or have achieved the desired state of charge at any time you unplug the EV to begin using the EV.
E. Limitation on Liability
i. UNDER NO CIRCUMSTANCE WILL FORTISALBERTA NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS (EACH AN “INDEMNIFIED PARTY”) BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, OR FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, ARISING FROM ANY LOSS OR INJURY, INCLUDING WITHOUT LIMITATION, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE BY THE INDEMNIFIED PARTY), BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE OPTIWATT APP, OR YOUR PARTICIPATION IN THE PILOT.
ii. WITHOUT LIMITING PARAGRAPH ii. ABOVE, IN NO EVENT WILL ANY INDEMNIFIED PARTY BE LIABLE FOR ANY OF THE FOLLOWING:
i. USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY, OR RECOVERY OF ANY DATA (INCLUDING USER DATA), OR BREACH OF DATA OR SYSTEM SECURITY;
ii. DAMAGE TO OR LOSS OF ANY VEHICLE OR DEVICE (INCLUDING SMART PHONE), OR CORRUPTION OR LOSS OF ANY SOFTWARE INCORPORATED IN ANY VEHICLE OR DEVICE;
iii. UNAUTHORIZED ACCESS TO YOUR DEVICE OR YOUR PARTICIPANT PORTAL ON THE OPTIWATT APP AND ANY LOSS RESULTING THEREFROM;
iv. THE INTERRUPTION OF POWER TO ANY EQUIPMENT INCLUDING ANY THIRD PARTY DEVICE TO WHICH YOUR VEHICLE IS CONNECTED; AND
v. ANY CLAIMS FOR OR RELATING TO INCENTIVES.
iii. IN THE EVENT A COURT FINDS ANY OF THE ABOVE PARAGRAPHS IN THIS LIMITATION OF LIABILITY SECTION TO BE INVALID, FORTISALBERTA’S MAXIMUM LIABILITY IN CONNECTION WITH THE PILOT AND THE OPTIWATT APP WILL BE $500.
F. Governing Law
These Terms and Conditions will be governed by and construed in accordance with the laws of the Province of Alberta and the applicable federal laws of Canada. Any action or proceeding arising out of or relating to these Terms and Conditions will be instituted in the courts of the Province of Alberta.
No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms and Conditions operates, or may be construed, as a waiver thereof; and no single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
Sections 6 and 7 in the main body of the Terms and Conditions and Sections B, C, D, E, F, G, I and J of these Additional Terms and Conditions as well as any other provision that must survive in order to give proper effect to its intent including any indemnities and disclaimers, survive the expiration or earlier termination of your participation in the Pilot.
If any term or provision of these Terms and Conditions is invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms and Conditions.
J. Entire Agreement
These Terms and Conditions constitute the sole and entire agreement between you and FortisAlberta regarding the Pilot and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter (including without limitation any online FAQ). You may not assign these Terms and Conditions or your participation in the Pilot to any third party.