Eco Shift Demand Response Pilot Program Terms and Conditions
• EfficiencyOne and Efficiency Nova Scotia are launching a demand response pilot program in Nova Scotia (“Program”) with the external assistance and support of Nova Scotia Power Incorporated.
• Demand response, in general, is a utility management strategy wherein energy consumption is adjusted in real-time based on the electricity grid’s demand, helping to maintain grid stability especially during peak demand periods or unforeseen challenges.
• The Program gives residents of Nova Scotia that choose to participate in the Program (“Participants”) the opportunity to actively manage, and potentially reduce, their energy consumption during periods when the province’s electrical grid is under strain.
• The Program leverages technology and communication with smart devices to temporarily adjust power consumption in response to the grid’s needs.
• The purpose of the Program is to test the impact of demand response techniques on grid stability and energy conservation in Nova Scotia.
For the purposes of these Terms & Conditions, the following terms shall have the meanings set forth below:
a. “Data” Pertains to all records, metrics, readings, and other types of information generated, collected, or processed in relation to the Program and its Participants. This includes data from Devices concerning electricity consumption, patterns of usage, DR Event responses, feedback, and any personal data of the Participants essential for the Program’s functioning and evaluation. All data will be treated with the utmost care, respecting relevant data protection and privacy laws.
b. “Devices” means specialized equipment or appliances installed in Participants’ premises that have remote control or monitoring capabilities. These Devices are tailored to respond adaptively to NSP signals during a DR Event. Under the Program, the principal categories of Devices include (i) smart thermostats, (ii) electric vehicles (with telematics) and electric vehicle charging equipment (electric vehicle supply equipment), and (iii) battery storage mechanisms. An exhaustive list detailing eligible devices is accessible through the program website.
c. “DR Event” a demand response event is a designated time interval when NSP, in collaboration with E1, asks Participants to adapt their electricity usage, either by reducing or shifting consumption. The primary motive is to alleviate high-demand scenarios or mitigate other grid-related challenges. During such events, Devices will modify their energy usage in alignment with the Program’s predefined parameters.
d. “E1” means EfficiencyOne.
e. “ENS” means Efficiency Nova Scotia.
f. “Incentive” means financial reward granted by E1 to Participants acknowledging their commitment and compliance with the Program’s objectives. To be eligible for this Incentive, Participants must adhere to and fulfill specific criteria set out in these Term & Conditions.
g. “NSP” means Nova Scotia Power Incorporated.
h. “Participants” means residents of Nova Scotia that choose to participate in the Program.
i. “Program” has the meaning given to it in the recitals above.
j. “Term” refers to the predefined duration during which the Participant agrees to be actively involved and compliant with the Program’s objectives and guidelines, starting from the date of enrollment until the Program’s specified end date or any early termination scenarios as outlined in these Terms & Conditions.
2. Eligibility Criteria
To be eligible to participate in the Program, Participants must satisfy the following criteria:
a. Property Location: Participants must be the occupant or registered owner of the property that will be involved in the Program. This property must be located in Nova Scotia.
b. Account Standing: Participants should have an active electricity account with NSP and must be in good standing, with no outstanding payments due for more than 60 days.
c. Device Ownership: Participants must have a Device installed in their residence or business prior to enrolling in the Program.
d. Consent to Participate: Participants must willingly provide their consent to participate in the Program, acknowledging and agreeing to adjustments in their power consumption during DR Events.
e. Communication Capability: Participants must have a reliable internet connection to facilitate real-time communication with the connected Devices.
f. Age Requirement: Individual participants must be at least 18 years of age or older.
g. Complete Registration: Participants must complete the Program’s enrollment and registration process, providing all necessary information and documentation as required. More details regarding registration in Section 3 below.
h. Agree to Terms & Conditions: Participants must read, understand, and agree to adhere to these Terms & Conditions, including any future amendments or modifications.
3. Enrollment & Registration
a. Application: Parties interested in participating in the Program must satisfy all of the eligibility criteria in Section 2 above and complete the relevant online application for their device type(s), available through the program website.
b. Eligibility Verification: E1, solely and at its discretion, will determine the eligibility of an applicant.
c. Device Verification: Participants must provide evidence of their Device’s compatibility with the Program. E1 may also require an on-site assessment to ensure the Device adheres to the Program’s standards and requirements. Any costs associated with this verification or assessment will be borne by the Participant.
d. Confirmation: Only those applicants deemed suitable by E1 will receive confirmation of their enrollment. This confirmation will provide further details on the integration of their Devices into the Program. E1 reserves the right to deny enrollment to any applicant without disclosing specific reasons.
4. Operation of Devices During DR Events
a. Communication: Participants will be notified of upcoming DR Events via email and/or SMS, as indicated during registration.
b. Adjustment: During a DR Event, a Device will automatically adjust its power consumption according to the Program’s guidelines, unless manually overridden by the Participant.
c. Non-Interference: Participants should refrain from manually interfering with the Devices during a DR Event unless it’s for safety or urgent operational reasons.
d. Manual Override: In situations where a Participant feels the need to override the Device’s automated adjustments during a DR event, they may do so at any time without providing notice.
e. Frequent Overrides and Program Participation: If a Participant frequently overrides the Device’s automated adjustments during DR Events, E1 reserves the right to terminate their participation in the Program.
5. Financial Incentives
a. Distribution: Participants meeting the Program’s criteria and actively participating in DR Events will be eligible for financial incentives.
b. Amount: The specific value of the Incentive will be based on the Participant’s enrolled device type and level of participation in the Program.
c. Method: Incentives will be provided as an electronic gift card, delivered via email.
d. Taxes: All financial incentives are subject to applicable taxes, and it is the responsibility of the Participant to report and remit any taxes owed.
e. Incentive Amendments: E1 reserves the right to modify, reduce, or eliminate any financial incentives at any time, without prior notice.
6. Data Privacy & Security
a. Collection: The Program will collect energy consumption data and other related data from Devices to assess the Program’s efficacy.
b. Protection: All data will be stored in encrypted and secured databases with access restricted to authorized personnel only. E1 is not liable for any data breaches or unauthorized access to the data, regardless of the cause.
c. Usage: Data will be used solely for the purpose of the Program and will not be sold, shared, or disclosed to third parties without explicit consent, except as required by law. Necessary data will be shared with NSP so that it may fulfill its role under the Program, and Participants give their consent for E1 and ENS to do so.
7. Data and Intellectual Property Ownership
a. Ownership of Data: All energy consumption data and related data collected by the Program remains the proprietary property of E1. Participants acknowledge and agree that they have no ownership rights over any of the data collected.
b. Intellectual Property: Any intellectual property, including but not limited to innovations, methodologies, or improvements, developed as a result of the Program or based on the data collected, remains the exclusive property of E1. Participants shall not claim any rights, title, or interest in any such intellectual property and acknowledge E1’s exclusive rights to use, license, or exploit any such intellectual property without restriction.
8. Termination & Withdrawal
a. Participant Withdrawal: Participants may withdraw from the Program at any time by notifying E1 in writing.
b. Termination by E1: E1 reserves the right to terminate the Program or any Participant’s involvement at its sole discretion, without providing any reasons.
c. Post-Withdrawal or Termination: Upon termination or withdrawal, Participants will no longer be eligible for the Incentives and must revert their Devices to their standard settings.
9. Disclaimer of Warranties
Your participation in the Program is entirely at your own risk. The Program is provided “as is” and “as available”, without any guarantees or warranties of any kind, express or implied. No entity, including E1, ENS, or NSP or their affiliates, guarantees the accuracy, reliability, or security of the Program. You are solely responsible for any damage or loss, including those from malicious software, related to your participation.
10. Limitation on Liability
Except where prohibited by law, under no circumstance will any entity, including E1, ENS, or NSP or their affiliates, be liable for any damages, whether direct, indirect, incidental, or consequential, arising from your use or inability to use the Program.
You agree to defend, indemnify, and hold harmless E1, ENS, NSP, and their affiliates from any claims or damages arising from your breach of the Terms & Conditions or related to your participation in the Program. This includes covering all related costs, expenses, and legal fees.
a. Amendments: These Terms & Conditions may be updated periodically. Participants will be notified of any significant changes.
b. Governing Law: These Terms & Conditions are governed by the provincial laws of Nova Scotia and the federal laws of Canada applicable therein.
c. Severability: If any provision of these Terms & Conditions is deemed invalid or unenforceable, the remaining provisions will remain in effect.
d. Waiver: E1’s failure or delay in exercising any right, power, or privilege will not be construed as a waiver of such right. E1 retains all rights and may enforce them at any time.
13. Contact Information
For any queries, concerns, or feedback related to the Program, contact Efficiency Nova Scotia at 1-877-999-6035 or email@example.com.
14. Acceptance of Terms & Conditions
By participating in the Program and clicking “accept”, you acknowledge that you have read, understood, and agreed to these Terms & Conditions in their entirety. If you do not agree, you must not use the Program or click “accept”. By continuing to participate in the Program, you agree to any future changes to these Terms & Conditions.