Smart Thermostats
Smart Solutions

Welcome to the Smart Thermostat Program.  The Smart Thermostat Program (“Program”) allows you to participate in a program offered by Westerville Electric Division (“Utility”) through which you can receive incentives for your enrollment into the Google Rush Hour Rewards program.  The Utility has contracted with Open Access Technology International, Inc. (“OATI”), a company that offers demand response programs, to schedule and manage the calls on your thermostat.

Eligibility and Incentive(s)
Eligibility requirements, and incentives you may receive for participating in the Program, are described below.

• Program Eligibility Requirements: to be eligible for the Program, in addition to agreeing to this Agreement and any other requirements stated by the Utility, you must: (1) have a residential electric service account, in good standing, with the Utility; (2) have an installed, operable Google Nest Thermostat controlling an air conditioning unit, heat pump and/or a heating system which uses electricity as the primary source of heat, at your Utility service address; (3) have an 802.11 wireless network at your Utility service address, and connect your Nest Thermostat to that network; (4) have an active Google or Nest account linked to your Nest Thermostat, in compliance with the Google Rush Hour Rewards program; (5) use best efforts to maintain connectivity of your Nest Thermostat, and ensure it is online and able to be called upon during a program event; and (6) satisfy any other Utility-specific requirements stated by the Utility.  You must satisfy these requirements for as long as you are in the Program.
• Incentive amount and description: Westerville Electric account holders are eligible to earn incentive payments or other rewards (“Incentives”) for enrolling and/or continued enrollment in the Westerville Rush Hour Rewards Program. Incentives will be provided pursuant to the applicable Westerville Electric offer and the automatic enrollment of additional Nest thermostats may not result in additional Incentives.
• The Utility’s website describes the Program: www.westerville.org/nest. The Utility may update this website from time to time, to further describe the Program details, incentives and eligibility requirements. Your continued participation in the Program constitutes your agreement to the changed Program details, incentives, and eligibility requirements.

Eligibility requirements and incentives are set by the Utility, and all incentives are provided by the Utility. OATI does not set the eligibility requirements or incentives and is not responsible to provide any incentives to you.

Cancellation or Withdrawal
This Agreement is effective upon your request to enroll into the Program.  This Agreement will continue until you, Utility, or OATI cancels or terminates your participation.  You can contact the Utility to cancel or withdraw from the Program.  This may result in your loss of incentives or eligibility to participate in other future programs.  All rights, obligations, permissions, releases, and authorizations shall survive termination of this Agreement with respect to activities that occurred prior to such termination.

Program Modification or Termination
OATI or the Utility may modify or terminate the Program for reasons including, but not limited to, change in regulations and/or not receiving approvals from electricity grid governing bodies; decision of the Utility governing body to modify of discontinue the Program; Google’s change or discontinuance of the Rush Hour Rewards program; and other such events.  If this happens, the Utility or OATI will notify you.

Authorizations and Agreements
By submitting this Agreement, you agree to the following:

• You authorize the Utility and OATI to remotely trigger an event that will cause your thermostat to automatically change the temperature setpoint in your home on that day, without any manual intervention by you.  You will have the ability to override this temperature setpoint simply by turning your Nest Thermostat to a different temperature or by using the mobile or web application you regularly use with your Nest Thermostat, but you understand that if you override this temperature setting, you may affect your incentives or program eligibility.
• Your will remain enrolled in the Program until you withdraw, OATI or Utility removes you from the Program, or the Program is terminated.
• You authorize OATI and the Utility, and their respective agents, contractors, and service providers, to collect and share information related to your participation in the Program, which can include but is not necessarily limited to your name, email address, service address, Utility account number, thermostat serial number, activation date, your enrollment information, statistics and data about your energy use, any opt out decisions or actions by you, or other information related to your participation in the Program. This information will be used by OATI and the Utility for the administration, evaluation, and reporting on the Program.
• OATI and the Utility may summarize or provide information about the results of the Program in publicly available studies or reports.  In such case, data will be anonymized, in a way that you cannot be individually identified.
• You authorize OATI and the Utility to contact you by email and other means for items and issues related to the Program.
• You represent and warrant that enrollment information provided by you is accurate.  You will notify the Utility of any material change in your eligibility.  You will abide by all applicable local, state, national and international laws, rules and regulations.
• If you violate this Agreement, Utility or OATI may immediately terminate your participation in the Program, and disqualify you from eligibility for incentives.
• You are at least 18 years of age, and have the authority to enroll into the Program.

This Agreement is governed by the laws of Minnesota.  As a condition of participating in this Program, you agree that all disputes that cannot be resolved amicably will be resolved individually, and will not be subject to class action or other similar process. You waive all rights or claims for incidental, punitive, consequential, or other special damages, including attorneys’ fees.

You release and hold harmless OATI and Utility from any liability, claim, demand, cause of action, damage, or expense resulting from your participation in the Program.