1. Hydro-Québec Contact Information (hereafter “Hydro-Québec”)
Email: info@hiloenergie.com
Phone: (438) 289-HILO (4456) or toll-free at 1-844-500-HILO (4456)
2. Context of Special Project
Hydro-Québec is asking Hilo participants (as the term is defined in the Conditions of Use, which is itself defined below) whose residence receives electricity from either the Bélanger, Langelier or Charland satellite substation (the “Testers”) to test and evaluate a new local power demand management service aimed at Hilo customers receiving electricity from a specific satellite substation (hereafter the “Special Project”).
Participation in the Special Project is voluntary. A Tester’s refusal to participate in the Special Project will have no consequence other than their inability to participate in the Special Project.
3. Description of the Special Project
The Special Project consists of adding special challenges to the normal number of challenges sent during the winter season as part of the Hilo Smart Home service (“Hilo Challenges”).
The goal is to better understand the acceptability of and participation rate for a number of special challenges when they are sent in the morning and/or in the afternoon/evening for a period of up to five consecutive days, either clustered together with or closely following a Hilo Challenge, by using the solution developed for the Hilo Smart Home service (the “Solution”). Feedback from the Testers will be requested through surveys in order to evaluate and optimize the Solution.
In addition, a new remuneration scheme will be offered to Testers in order to measure the impact of the new service in terms of maintaining their levels of motivation and engagement and to confirm their consistency over time during events that are subsequent to or closely follow a Hilo Challenge or another Special Challenge (as the term is defined below).
During the Special Project, participants will be asked to take all Hilo Challenges for the 2023-2024 season, as per the Conditions of Use, in addition to participating in a maximum of 15 occasional additional challenges between November 1, 2023, and April 30, 2024. The challenges related to the Special Project will be referred to as “Special Challenges.” The Special Challenges will serve to test the Solution, validate the acceptability to customers, and confirm the level of performance achieved by Testers and their continuing support over time.
Hydro-Québec will notify Testers by email before each Special Challenge so that they are able to distinguish Special Challenges from the regular Hilo Challenges, and the Testers may choose to participate or not, at their discretion. However, a refusal to participate in one or several Special Challenges will mean that the Tester cannot receive the compensation outlined in Section 4.2 of this agreement.
The Tester’s connected devices will automatically participate in the Special Challenges without any intervention required on the part of the Testers. However, the parameters displayed for Special Challenges in the Hilo mobile application will not necessarily reflect the parameters sent to their connected devices during these Special Challenges. The Special Project particularly involves the testing of a range of connected device control strategies in order to optimize the performance of the Special Challenges related to the specific needs of the satellite substations. Thus, the start and end times and the duration of the preheating, reduction, and recovery phases could vary, although they will respect a maximum period of six hours per Special Challenge, that being in the morning between 4 a.m. and 12 p.m., and in the afternoon/evening between 3 p.m. and 10 p.m. Certain Special Challenges will validate the curtailment capacity outside of the reduction phase period for a Hilo Challenge. Despite what is proposed in the participant agreement and due to a limitation of the operating system, the Tester can earn rewards related to their participation in the Special Challenges only for the reduction period between 6 a.m. and 10 a.m. in the morning and between 5 p.m. and 9 p.m. in the evening. Additional compensation for the participation of the Testers in the Special Challenges is outlined in Sections 4.1 and 4.2 in order to remedy this limitation, such as if, for example, an Special Challenge has a scheduled reduction setting outside of the reward period.
Moderate, Intrepid, and Extreme modes of participation will still be available according to the same temperature increments established for Hilo Challenges, and customer changes to preferences will be blocked as of midnight (12 a.m.) immediately before an Special Challenge is scheduled. The amount of notification time in advance of an Special Challenge may also vary, and the announcement of an Special Challenge could occur as early as only one hour before the reduction phase beings. In this case, the participation mode used will be the one reflected in participants’ most recent modifications made before the midnight preceding the Special Challenge, and the preheating phase could be cancelled.
Outside of these Special Challenges, Testers will continue to use their devices and appliances as they normally would.
4. Compensation for participating in the Special Project and reward per Special Challenge
4.1 In exchange for their participation in the Special Project, the Tester will receive an initial base compensation of $50 upon confirmation by Hydro-Québec of their participation. This compensation will be paid at the end of the 2023-2024 season when rewards are paid out in the spring of 2024.
4.2 A second compensatory amount of $50 will be paid to the Tester if they accept to take all of the Special Challenges offered AND if the Tester completes all of the surveys relating to the Special Project for the entire 2023-2024 challenge season. This compensation will be paid at the end of the 2023-2024 season when rewards are paid out in the spring of 2024. Hydro-Québec reserves the right to inspect the quality of the Tester’s participation in the surveys. Hydro-Québec may, at its sole discretion, determine whether a Tester is eligible or not to receive the second compensatory amount based on whether its analysis of the Tester’s participation reveals any anomaly or failure to comply with the terms of the Special Project.
4.3 The Tester will also have the right to earn rewards during the Special Challenges according to the same methods applicable for regular Hilo Challenges, held between 6 a.m. and 10 a.m. in the morning and between 5 p.m. and 9 p.m. in the evening. For more information, please refer to the page page Hilo | How long do the challenges last? (hiloenergie.com). The amount of these rewards will also be added to the amount of the rewards payable during the next reward payment in the spring of 2024. These rewards are subject to the same conditions as provided in the participant agreement, available here: https://www.hiloenergie.com/en-ca/legal/participants-agreement-contract/.
5. Conditions of eligibility for the Special Project
To be eligible to participate in the Special Project, the potential Tester must fulfill the following conditions:
6. Conditions for participation
6.1 Participation in Special Challenges.
The Tester agrees to participate in the Special Challenges that are offered by way of notifications sent through the Hilo mobile application, by email or by some other means. Note that the Tester may refuse to participate in certain Special Challenges (see 4.2 and 6.1.2). The duration of the Special Challenges may vary, but will not exceed six hours.
6.1.1. Notification of Tester.
The Tester will receive a notification through the Hilo mobile application, by email or by some other means. The Tester can then confirm their participation, thereby allowing their connected devices to participate (or not) in the Special Challenges. In the absence of any intervention on the part of the Tester, participation in the Special Challenge will be considered as accepted. During an Special Challenge, cessation and resumption of the operation of connected devices will be controlled automatically by Hydro-Québec. The Tester is not required to do anything on their part.
6.1.2. Withdrawal from Special Challenges.
The Tester may withdraw at any time, including during an ongoing Special Challenge. During the Special Project period, the Tester must participate in a minimum of at least half of the Special Challenges that are offered. If the number of withdrawals is more than 50% of the Special Challenges offered, Hydro-Québec reserves the right to cancel the Tester’s participation, compensatory payments, and rewards for participation offered for these Special Challenge events.
6.2 Contribution of the Tester in the Special Project
6.2.1. Tester Experience.
The Tester agrees to share with Hydro-Québec their own experience and that of their family during discussion activities and as part of surveys or meetings (by phone or in person) during the operation of the Special Project.
6.2.2. Hilo Mobile Application.
The Tester agrees to use the Hilo mobile application and also update it as soon as possible when a new version becomes available during the operation of the Special Project.
6.2.3. Access to Connected Devices.
The Tester authorizes Hydro-Québec to access their connected devices in order to modify their parameters and/or obtain usage or consumption data.
6.2.4. Communications.
The Tester authorizes Hydro-Québec or any duly mandated representative of Hydro-Québec to contact them, by email or by phone, for the duration of the Special Project.
6.3 Other Commitments of the Tester:
6.3.1. Change of Electricity Consumption Behaviour.
The Tester agrees to notify Hydro-Québec of any change that may significantly influence their home’s energy consumption during the operation of the Special Project, such as for example major renovations, a move or even the addition or removal of an energy-intensive appliance such as a spa.
6.3.2. Internet.
The Tester agrees to maintain their high-speed Internet connection and have a functional wireless network for the entire duration of the Special Project.
6.3.3. Hydro-Québec Rate D.
As part of the Special Project, the Tester must maintain a Rate D (residential) subscription with Hydro-Québec. Any Tester who asks to switch to another Hydro-Québec rate, particularly to the Flex rate, or to add an option, such as the Winter Credit option, will have their participation in the Special Project terminated.
6.3.4. Electricity Costs.
The Tester agrees to cover the costs of electricity consumption related to the use of connected devices during the Proof of Concept as part of their subscription to electrical service from Hydro-Québec.
6.3.5. No Interference with Devices.
The Tester agrees that they will not do anything to prevent the proper functioning of the connected devices nor will they interfere with or impede the connected devices in any sense whatsoever.
6.3.6. Device Error or Malfunction.
The Tester agrees to notify Hydro-Québec of any error or malfunction related to the connected devices as soon as the Tester becomes aware of them.
6.4 End of the Special Project.
At the end of the Special Project or in case of a cancellation of this agreement, the Tester will once again be considered as a customer of the Solution as they were before their participation.
6.4.1. In case of a cancellation, whether by Hydro-Québec or the Tester, the Tester will have no right to claim any compensation.
6.5. Limitation of liability/harm reduction
6.5.1. The Website, the Hilo mobile application, the voice assistant and the devices installed, their content and their features are provided as-is. Hydro-Québec takes reasonable measures to keep them up to date. However, errors, omissions, and inaccuracies are possible.
6.5.2. Hilo does not offer any guarantee with regard to the following elements:
Hydro-Québec cannot therefore be held responsible for damages or inconveniences that may be caused by these elements.
6.5.3. Hydro-Québec cannot be held responsible for any material damage, expense, or loss, whether in a contractual or non-contractual sense, resulting directly or indirectly from any breakdown of a connected device, including any problem of an electrical nature, except in the case of any gross misconduct on the part of Hydro-Québec or one of its partners.
6.6. Intellectual property and licence
6.6.1. All of the rights, titles, and interests relating to the Smart Home Service, the Solution, connected devices, the Hilo mobile application, and the Hilo Website (including their programming) and to the Hilo brands and logo belonging to Hydro-Québec are protected by laws pertaining to copyright, tradenames, and intellectual property. The Tester cannot reproduce, translate, publish, transmit, or broadcast any of these elements, in whole or in part, without prior written authorization from Hydro-Québec.
6.6.2. Provided that the Tester meets certain conditions of this agreement and the Conditions of Use (as the term is defined hereafter), a non-transferable, unassignable, non-exclusive, voidable, and free licence is granted to the Tester for the download and use of the Hilo mobile application as well as for access to this application for their personal (non-commercial) use. No other use is authorized.
6.7. Hilo Mobile Application and Others
6.7.1. Personal Use Only.
The Hilo Website, the Hilo mobile application, the Solution, the voice assistant supplied by a provider, the connected devices, and the devices installed are intended for personal (and non-commercial) use and must be used in compliance with applicable laws and this agreement as well as in compliance with the Conditions of Use and the privacy policy of the Hilo Website, voice assistant, and Hilo mobile application, all of which the Tester accepts by clicking on this link: https://www.hiloenergie.com/en-ca/legal/terms-of-use/ (collectively referred to as the “Conditions of Use”). The Tester must consult the Conditions of Use and the privacy policy when new versions are published, since they may be modified from time to time.
6.7.2. Prohibited Use in Certain Cases. It is strictly prohibited to perform any of the following actions, whether directly or indirectly, by any means whatsoever:
6.8. Withdrawal from the Project
6.8.1. The participation of the Tester in the Special Project may be terminated upon the request of Hydro-Québec or the Tester.
6.8.2. The Tester understands that he can withdraw this consent at any time by writing to info@hiloenergie.com or by telephone at 438 289-HILO (4456) or toll-free at 1 844 500-HILO (4456).
6.8.3. Participation in the Special Project is optional. Refusal to provide the requested personal information has no consequences other than the impossibility of participating in the Special Project.
6.9. Duration
6.9.1. These conditions are in effect when the Special Project begins, as of November 1, 2023, and will end upon the termination of the Special Project, which is on April 30, 2024, at the latest.
6.9.2. The obligations related to personal information will survive termination or expiry of this agreement.
6.9.3. Upon termination of this agreement, Hydro-Québec will handle personal information in compliance with the Act Respecting Access and the Policy.
6.10. Participation in the Special Project
The Tester declares they have read and understood this agreement to participate in Hydro Québec’s Special Project. As a Tester during the Special Project, they accept the conditions for participation, Conditions of Use, the risks and advantages or possible disadvantages that may result from participation, as the case may be. This agreement and the Conditions of Use are mutually complementary. In case of any ambiguity or contradiction between this agreement and the Conditions of Use, this agreement prevails. The agreement is governed by applicable laws in Quebec. Any legal action or dispute relating to this agreement is subject to the exclusive jurisdiction of the courts in Quebec, in the district of Montreal.