TERMS AND CONDITIONS OF AutoGrid Flex Saver program Using
ChargePoint Residential Chargers in PG&E Territory
As of March, 2022
Welcome to AutoGrid Flex Saver ChargePoint Program (“the Program”) managed by Energy AI Systems
Inc., a subsidiary of AutoGrid Systems, Inc. (“AutoGrid”).
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.
- You must have one or more ChargePoint EV chargers (“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 third-party Demand Response (DR) programs.
- In all cases you need an online PG&E account to give us access to your meter data (Rule 24
or ShareMyData). If you do not have an PG&E login, you will be prompted to create one to
continue.
- 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 apply to participants in the Program and are between
you and AutoGrid. The Program, managed by AutoGrid, will make changes to your Devices in
response to requests from PG&E. 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 participate in the Program and to comply with these Terms and Conditions, and you
agree to allow AutoGrid to coordinate with you and the manufacturers of your Device(s), to
access personally identifiable information to remotely control your Device(s) during the term of
the Program, from April-1-2022 to May-1-2024 (the “Term”). You agree to keep your Device(s)
operational and connected to the wireless network of your residence during the Term at your sole
cost and expense.
3. Incentives
You acknowledge that AutoGrid may receive all credits, rebates, environmental attributes, 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”):
- If you participate in the Program using an eligible ChargePoint, you will receive a $85
gift card upon signup into the Program and a $40 gift card annually starting April-2023.
- All Rewards will be made within six (6) weeks of your participation approval from the
California Independent Service Operator (“CAISO”), the annual incentive payments will be
received thereafter and will be made in April of each year.
The Rewards will be in the form of a major credit card gift card (Mastercard) usable at any
outlet that accepts that credit card. 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, including by disconnecting the Devices, 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 at the address on file with AutoGrid and will have the option to
terminate your participation.
4. Program Parameters
ChargePoint electric vehicle chargers will not be accessed (controlled) more than 100 hours per
year in total; no more than 30 events in the year ranging in duration from 1 to 4 hours. A
notification will be sent at least 1 hour prior to the start of the event. There will be no more
than 3 events that last more than 1 hour in one week. Events can be scheduled weekdays,
weekends, or holidays. During each event, the charging rate may be reduced or stopped. In all
cases, charging will resume as normal when the event has ended.
In cases of a grid emergency, as declared by CAISO (California Independent State Operator) via
http:///www.caiso.com and media, 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 at
888-292-0502 or email pge.ev@auto-grid.com. Please
include your name and street address when requesting to unenroll by email. Hours of operation
are 24/7.
7. Share My Data (also known as Rule 24 or Green Button Data)
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):
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 PG&E by emailing customer support
at pge.ev@auto-grid.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 and
your Devices (“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 Los Angeles County, California for resolution of
any lawsuit or court proceeding permitted under these Terms and Conditions.
For more information, contact AutoGrid by email at: pge.ev@auto-grid.com.
These Terms and Conditions are subject to change based on PG&E’s sole discretion.
Disclaimer:
ChargePoint is a registered trademark of ChargePoint, Inc.
