HILO SERVICE

This document (the “Agreement”) sets out the terms and conditions of participation in the Hilo Service (the “Service”) as provided by Hydro-Québec. Capitalized terms and expressions are defined in the Glossary.

1. Program Eligibility

1.1 The person wishing to participate in the Service (the “Participant”) must at all times meet the conditions below for the entire duration of the Agreement: 

1.1.1 Is responsible or jointly responsible for a Hydro-Québec Rate D contract (base rate) or a proxyholder for said Hydro-Québec customer, without the Winter Credit Option, for residential use, as a tenant or owner of the Dwelling.  

1.1.2 Has a smart mobile device on which the Hilo App may be downloaded and used (see the Website for details about compatible versions).  

1.2 In addition, the Dwelling must meet the following conditions throughout the term of the Agreement: 

1.2.1 Be equipped with a Hilo Smart Home Hub (a single Smart Home Hub is required to receive the Service). 

1.2.2 Be equipped with a Hydro-Québec communicating meter. 

1.2.3 Be equipped with electrical and plumbing installations that comply at all times with all electrical and plumbing standards, as the case may be, and with the applicable laws in effect. 

1.2.4 Have a high-speed Internet connection and a functional wireless network (such as Zigbee, WiFi or other wireless networks) covering all Connected Devices. 

1.2.5 Be a single-family home, a semi-detached or row house, or be located in a building with two or more units. 

1.3 The Participant must also comply with the requirements below relative to Hilo Solutions: 

1.3.1 For the Smart Solution for Heating, the Dwelling must be equipped with electric heaters controlled by functional connected thermostats that are compatible with the Smart Solution for Heating (and displayed as such on the Website) throughout the entire Agreement. 

1.3.2 For the Smart Solution for Water Heater, the Participant must have a functional electric water heating system and a Dwelling that are compatible with the Smart Solution for Water Heater (and displayed as such on the Website) throughout the entire Agreement. 

1.3.3 For the Smart Solution for Electric Vehicle Charging, the Participant must have a functional charging station that is compatible with the Smart Solution for Electric Vehicle Charging (and displayed as such on the Website) throughout the entire Agreement. 

1.3.4 If the Participant purchases Connected Devices from a third party, additional requirements or restrictions may apply. Hydro-Québec has no control over the requirements or restrictions of these third parties and cannot therefore be held liable if the Participant is unable to access the Hilo Solutions due to such requirements or restrictions.

2. Hilo Challenges

2.1 The day before each Hilo Challenge, the Participant will be notified of the Hilo Challenge through the Hilo App. The Participant may: 

2.1.1.At any time, decline to take part in the Hilo Challenge. The Participant must indicate their refusal before or during the challenge through the Hilo App. A Participant who declines a Hilo Challenge may not modify their choice after 11:59 p.m. of the day before the Challenge. 

2.1.2 Agree to take part in the Hilo Challenge. In this case, the Participant is not required to take any action, since, unless they have expressly refused to take part in a Hilo Challenge through the Hilo App, they will be considered to have agreed to take part in the Challenge.  

2.2 The Participant may change the Hilo Setpoints at any time (in particular, through the Hilo App, a setting in the Hilo App, the Connected Device or the voice assistants) or exclude the Connected Device (through the Hilo App). However, changing Hilo Setpoints or excluding a Connected Device during a Hilo Challenge (i) may affect the results of the Hilo Challenge and the calculation of any potential Reward, and (ii) will exclude the applicable Connected Devices from the Hilo Setpoints. A Participant who excludes one or more Connected Devices from a Hilo Challenge may not modify this choice during the Hilo Challenge. If the Participant wishes to have such Connected Devices that were excluded from the Hilo Setpoints return to their setpoints prior to the Hilo Challenge, this must be done manually. Hydro-Québec is not responsible if a Hilo Solution or Connected Device fails to participate in a Hilo Challenge due to a change in a Hilo Setpoint or the exclusion of a Connected Device by the Participant. 

Participation in Hilo Challenges 

2.3 The Participant undertakes to participate in a maximum number of Hilo Challenges throughout the term of the Agreement. Hydro-Québec reserves the right to conduct tests outside the Winter Period for each Hilo Solution. The Participant will receive notification of a test through the Hilo App the day before each test. Participants can agree or refuse to take part in each test following the procedure set out in section 2.1 of this Agreement. The Participant’s refusal to take part in one or more tests will not be taken into account when calculating the number of refusals for the Winter Period. 

2.4 Hydro-Québec reserves the right not to invite the Participant to join one or more Hilo Challenges as well as to solicit their involvement on a partial basis only. Hydro-Québec also reserves the right to request that only certain Hilo Solutions or certain Connected Devices under the same Hilo Solution in the Dwelling take part in one or more Hilo Challenges, as well as the right to exclude said Solutions or Devices altogether from one or more Hilo Challenges. 

2.5 The Participant agrees that, despite their acceptance of a Hilo Challenge involving the Smart Solution for Water Heater, Hydro-Québec might not request the participation of said Smart Solution during a Hilo Challenge if the measures and guidelines issued by any government authority, including those issued by the Direction générale de la Santé publique du Québec (Québec’s public health authority), are not followed prior to the Hilo Challenge. These measures and guidelines are subject to change without notice. In such a case, the Smart Solution for Water Heater will not contribute to the Hilo Challenge, which may affect the amount of the Reward. 

2.6 The maximum number of Hilo Challenges is two (2) per day and thirty (30) per Winter Period. 

Calculation of Rewards 

2.7 Hydro-Québec distributes Rewards to Participants who are entitled to them. The Rewards are paid out once a year, following the Winter Period of the reference year. Hydro-Québec may, at its discretion, pay out the Reward to the Participant by cheque, bank transfer or any other method. 

2.8 The Participant will receive $0.55 per kilowatthour saved during the reduction phases of the Hilo Challenges that were accepted during that Winter Period. No Rewards will be paid for Hilo Challenges that were declined. 

2.9 Should Hydro-Québec be unable to obtain the Dwelling’s energy consumption data (for example, because the Smart Home Hub failed to communicate properly with the HydroQuébec communicating meter connected to the Service), Hydro-Québec may nonetheless invite the Participant to take part in Hilo Challenges. In such cases, the Reward will be calculated as follows: 

2.9.1 For the Smart Solution for Heating: $0.40 per connected thermostat for every Hilo Challenge accepted. The following fixed amount will be added to the above amount: (i) $3.00 if the Participant accepts a Hilo Challenge by selecting the “Extreme” setting; (ii) $1.50 if the Participant accepts a Hilo Challenge by selecting the “Intrepid” setting; or (iii) $0.50 if the Participant accepts a Hilo Challenge by selecting the “Moderate” setting; and in all situations, on condition that at least one (1) thermostat remains connected throughout the entire duration of the Hilo Challenge. 

2.9.2 For the Smart Solution for Water Heater: $0.40 per connected water heater for every Hilo Challenge accepted. 

2.9.3 For the Smart Solution for Electric Vehicle Charging: $0.40 per connected charging station for every Hilo Challenge accepted. 

For the purposes of calculating the Reward referred to in section 2.9, only those Devices connected throughout the duration of the Hilo Challenge will be considered. The Participant must therefore avoid withdrawing their Connected Devices before or during the Challenge or changing the Hilo Setpoints during the Challenge in order to maximize the amount of the Reward. 

2.10 A Participant who has declined more than ten (10) of the proposed Hilo Challenges in a given Winter Period will not be entitled to any Rewards for that Winter Period, and the Agreement may be terminated as a result, in accordance with section 7.3 of the Agreement. Any refusal to participate in tests outside the Winter Period will not be counted in the number of refusals to take part in a Hilo Challenge. 

2.11 Should Hydro-Québec become aware that the Service or Dwelling has been manipulated to alter, rig or tamper with the Dwelling’s electricity consumption or electricity metering, HydroQuébec may cap and/or review the Participant’s Rewards. In addition, Hydro-Québec may terminate this Agreement in accordance with section 7.3 and/or section 7.4. 

2.12 Hydro-Québec reserves the right to offset amounts owed to it by the Participant against any amounts that Hydro-Québec may owe the Participant. 

Energy Savings Not Guaranteed 

2.13 Hydro-Québec does not guarantee any energy savings or other benefits related to the use of the Service. Hydro-Québec cannot be held liable for any increase to an electricity bill, given that any such increase may be due to the weather, the Participant’s consumption habits, improper use of the Service and/or infrequent participation in the Hilo Challenges. 

3. Undertakings

3.1 The Participant’s undertakings are as follows throughout the Agreement: 

3.1.1 Maintain a high-speed Internet connection and have a functional wireless network (such as Zigbee, WiFi or other wireless networks) covering all Connected Devices. 

3.1.2 Download the Hilo App onto a smart mobile device and refrain from uninstalling it. 

3.1.3 Regularly update the Hilo App. 

3.1.4 In situations where the Connected Devices were installed by a third party, ensure that all Connected Devices are in good working order and are connected to and paired with the Smart Home Hub within thirty (30) days following receipt of the Smart Home Hub by mail. 

4. Using the Service

4.1 Direct or indirect use, by any means whatsoever, of the Service under the following terms is strictly prohibited: 

4.1.1 Any commercial purposes. 

4.1.2 Any illegal purposes. 

4.1.3 Any use involving computer interference and that interferes with the security of the Connected Devices or their data, or that involves decoding of data. 

4.2 Hydro-Québec is not liable for (A) any damage or inconvenience caused by (i) a Service malfunction that is not the result of its actions or the personal actions of its representatives or partners; or (ii) the Participant’s manual adjustments of the Connective Devices including, without limitation, Service interruptions, delays, failures, omissions or loss of information, or faulty connections with voice assistants, the systems and its partners, or between the Hilo App, the Smart Home Hub and the Connected Devices; or (B) a Hilo Solution or a Connected Device that is unable to participate in a Hilo Challenge due to a change to the settings and/or installation of said Solution or Device that the Participant has made or has caused to be made by a third party unauthorized by Hydro-Québec or Hilo. To these ends, the Participant agrees not to modify the temperature of their water heater. The Participant understands that Hydro-Québec cannot guarantee that their participation in the Hilo Challenges will always be uninterrupted, available, accessible, stable and/or unlimited. 

4.3 The Participant must, at all times, follow the manufacturer’s recommendations and warnings concerning their water heater, and in particular concerning the recommended water temperature and cleanliness of the water in the tank. At all times, it is important to avoid a hot water deficit. It is recommended to wait at least 24 hours after the manual restart of the water heater before using hot water. Manually disconnecting the water heater for an absence of less than one week is not recommended. Manual disconnection of the hot water heater may compromise both water safety and participation in the Hilo Challenges as well as increase the risk of running out of hot water. For more information on how the Hilo Smart Solution for Water Heater meets water safety criteria, the Participant should visit the Website.  

4.4 In the event that the Smart Home Hub is unable to properly connect to a Connected Device (including but not limited to a Hydro-Québec communicating meter), certain functionalities of the Service may not operate properly, in whole or in part, including the instantaneous power demand reading of the Dwelling. 

4.5 By agreeing to be bound by this Agreement, the Participant also agrees to be bound by the documents below (see hiloenergie.com and hydroquebec.com): 

• Website Privacy Policy
• Website Terms of Use
• Hilo App Privacy Policy
• Hilo App Terms of Use
• Voice Assistants’ Privacy Policy and Terms of Use
• Terms of Use Governing Digital Platforms and Confidentiality Policy
• Our Commitment to Your Privacy

5. Intellectual Property and Licence

5.1 All rights, titles and interests related to the Service, the Hilo App and Website (including program code), as well as the Hilo brands and logo, are the property of Hydro-Québec and/or Hilo and are protected by intellectual property laws. The Participant may not use, reproduce, translate, publish, transmit or distribute any of these elements, in whole or in part, without the written authorization of Hydro-Québec and/or Hilo. Neither this Agreement, nor the terms of use of the Hilo App and Website, nor the Participant’s use of the Service shall confer upon or grant the Participant any rights whatsoever with regards to any of Hilo’s intellectual property, other than as expressly provided for in this Agreement. 

5.2 On condition that the Participant complies with this Agreement and the terms of use of the Hilo App and Website, the Participant shall receive a non-transferrable, non-assignable, non-exclusive, revocable and free licence to download and use the Hilo App, and to access to the Hilo App and Website, exclusively for personal (residential) use. No other use is permitted. 

6. Personal information

6.1 Hydro-Québec is subject to the Act respecting Access to documents held by public bodies and the Protection of personal information. The personal information it collects for the duration of this Agreement is vital for it to be able to fulfil its mandate under the HydroQuébec Act. 

6.2 To benefit from the Service and once the Participant has downloaded the Hilo App or signed up for the newsletter, personal information is collected and used by Hydro-Québec, including the Participant’s first and last names, home address, phone number, email address and actual electricity consumption as well as the Participant’s use of the Connected Devices and voice assistants.  

6.3 Hydro-Québec also uses the personal information it holds concerning the Participant’s Hydro-Québec account, including the account number, status as the person responsible for the account and electricity rate associated with the account as well as the communicating meter location, compatibility and number, home address, phone number, email address and type of home heating. 

6.4 Hydro-Québec takes privacy very seriously and invites the Participant to read the policies below to find out more about the information collected, its intended use as well as practices regarding the protection of personal information: 

• Hilo App Privacy Policy
• Our Commitment to Your Privacy
• Voice Assistants’ Privacy Policy and Terms of Use

6.5 The Participant authorizes Hydro-Québec, Hilo and their service providers and partners to use, for research and development purposes, the personal information listed in the previous paragraphs, as well as the following: data concerning the status, operation and controls of the installed Connected Devices (including data from these Connected Devices); data and statistics concerning the Participant’s use of the Hilo App; and any answers, comments or other information provided by the Participant, including as part of an exchange with Hydro-Québec in relation to the Service. Hydro-Québec may also analyze the information or data collected in order to provide personalized advice and help the Participant consume electricity more efficiently. 

6.6 Personal information provided by the Participant will be accessed only by authorized individuals whose duties require them to have such access. If the Participant refuses to provide such information, their participation in the Service may be denied. 

6.7 The Participant may access or amend their personal information by contacting the Service’s customer service department at 1 844 500-HILO (4456). 

7. Term and Termination

7.1 The Agreement comes into effect as soon as the Participant agrees to these terms and conditions. 

7.2 The Participant may terminate the Agreement or one of the Hilo Solutions at any time. However, the Participant may no longer be eligible for Rewards for the Winter Period in progress when the Agreement or one of the Hilo Solutions is terminated. 

7.3 Hydro-Québec may unilaterally terminate this Agreement by advising the Participant in writing at least sixty (60) days in advance. However, the length of such advance notice will be reduced to fifteen (15) days should Hilo terminate the Agreement for any of the following reasons: 

7.3.1 The Participant declines to take part in more than ten (10) Hilo Challenges in the course of a given Winter Period. 

7.3.2 The Participant repeatedly fails to sufficiently reduce their electricity consumption during an accepted Hilo Challenge (for example, by using energy-hungry devices such as household appliances), or consumes more than their reference consumption during Hilo Challenges that have been accepted or refused. 

7.3.3 The Participant fails to meet their undertakings as set out in this Agreement. 

7.3.4 The Participant withdraws their consent to the terms set out in sections 6.2 to 6.6 of the Agreement concerning their personal information. 

7.3.5 The Participant moves house or dies, and with no solution in place in accordance with section 8 of the Agreement (Moving and Transfer of the Agreement). 

7.4 Hydro-Québec may end this Agreement unilaterally without sending a prior notice to the Participant in any of the following cases: 

7.4.1 Hydro-Québec is required to take immediate measures to protect its system or the system of one of its partners. 

7.4.2 The Participant misuses the Service, including the Connected Devices and customer service, or manipulates the Service or the Dwelling in such a way as to alter, rig or tamper with the Dwelling’s electricity consumption or electricity metering. 

7.4.3 The Participant uses the Service, including the Connected Devices, in an illegal manner or contrary to the applicable regulations. 

7.5 In the event of termination, the features of the Hilo App will be deactivated. 

7.6 The Participant’s consent to the provisions of sections 6.2 to 6.6 will remain in force until the end of the Winter Period during which the Agreement is terminated for the purposes of calculating any Rewards to which the Participant may be entitled.  

7.7 After a period of twenty-four (24) months following termination of this Agreement, HydroQuébec reserves the right, without waiving any of its other rights, to cancel any Rewards to which the Participant was entitled for previous Winter Periods but that the Participant has not yet redeemed. Hydro-Québec will send a notice to the Participant thirty (30) days prior to the cancellation of said Rewards. 

8. Moving and Transfer of the Agreement

8.1 Should the Participant move, they must advise the Service’s customer service at least thirty (30) days before the scheduled moving date. Subject to the above, Hydro-Québec may, but is under no obligation to, propose solutions to the Participant to prevent termination of the Agreement, such as the transfer of the Agreement. The Participant alone is responsible to Hydro-Québec for all obligations under this Agreement until the solution proposed by HydroQuébec and accepted by the Participant has been fully implemented in accordance with Hydro-Québec’s instructions. 

8.2 The Participant may not transfer this Agreement to a third party without first notifying HydroQuébec. 

8.3 In the event of the Participant’s death, the Agreement may only be transferred to a third party living at the same address, subject to Hydro-Québec’s consent and upon presentation of the necessary supporting documents. To obtain the Rewards to which the deceased Participant was entitled, the liquidator of the estate or the heirs’ representatives, as the case may be, must complete the applicable form for transferring the Rewards and provide a copy of the death certificate issued by the provincial government or the declaration of death issued by the funeral home. 

8.4 The Participant may be charged a processing fee of fifty dollars ($50), plus applicable Taxes, for the solution agreed to with Hydro-Québec. 

9. Amendment of the Agreement

9.1 Subject to the applicable law and to section 9.2, Hydro-Québec reserves the right to unilaterally amend the provisions of this Agreement from time to time, with the exception of sections 2.7 to 2.11 inclusively concerning the calculation of Rewards in the event that such an amendment would be detrimental to the Participant. 

9.2 In the event of any amendment to the provisions of this Agreement, Hydro-Québec will provide the Participant with a written notice sixty (60) days before the amendments take effect, using reasonable means to draw the Participant’s attention to the amendments. The notice will clearly indicate the proposed amendments and the date on which they are scheduled to come into effect. The Participant will have the option to refuse the amendments that increase the Participant’s obligations or reduce Hydro-Québec’s obligations, and to terminate the Agreement by providing written notice to Hydro-Québec no later than (30) days after the amendments come into effect. If the Participant does not provide a notice of refusal within the specified timeframe, the Participant will be considered to have accepted the amendments in their entirety. 

GLOSSARY

Agreement: Terms and conditions pertaining to participation in the Hilo Smart Home Service.

Connected Device: Any Internet of Things device, equipment or object that is part of a Hilo Solution or complementary to the Service, bearing the Hilo brand or another brand, provided by Hilo as part of the Service and managed by the Participant using the Hilo App and Smart Home Hub.

The Participant may obtain certain Connected Devices through a third party. In this situation, the Connected Devices must be compatible with the Service and approved by Hydro-Québec. The complete, detailed list of compatible Connected Devices is available on the Website.

Credit: A monetary benefit in the form of a partial discount, calculated in accordance with Article 4 of the General Terms and Conditions of Sale and Installation, granted to the Participant by Hilo in consideration of this Agreement.

Designated Representative: Person authorized to represent the Participant during installation of the Connected Devices.

Dwelling: The home where the Service is installed.

Hilo: Legal entity whose full name is Hilo Services Inc., a subsidiary of Hydro-Québec. 

Hilo App:Mobile app downloaded by the Participant onto a smart mobile device and used to control the Connected Devices that are connected to the Service.

Hilo Challenge: One-time event in which Hilo Setpoints are implemented for the Participant’s Hilo Solutions in order to reduce the Participant’s energy consumption during a peak period or shift their energy consumption to outside of the peak period. A Hilo Challenge may occur in the morning, in the evening, or both. Further information about Hilo Challenges is available on the Website.

Hilo Setpoint: Automatic action, setpoint or setting applicable to the Participant’s Hilo Solutions, programmed by Hydro-Québec during a Hilo Challenge. These actions, setpoints or settings include the temperature setpoints of connected thermostats, the activation and/or deactivation of an electric water heater’s load control device and the maximum power setpoint for a charging station.

Hilo Solution: The Smart Solution for Heating, the Smart Solution for Water Heater or the Smart Solution for Electric Vehicle Charging, or any combination thereof.

Installer: A qualified electrician, qualified plumber, qualified refrigeration mechanic or any other qualified installer under the applicable laws, depending on the case in question. The Installer is designated by the entity responsible for the installation, which, depending on the case, will be either Hilo or a third party affiliated with the Service.

Outage Recovery Management: After a power outage, energy function designed to gradually restore, with or without delay, the power consumption of the Connected Devices concerned, through an algorithm in said Connected Devices.

Participant: Person registered for Hydro-Québec’s Hilo Smart Home Service.

Reward: Amount of money offered by Hydro-Québec to the Participant, based on their success with the Hilo Challenges. Calculation of the Reward may vary and takes into account the savings on the Dwelling’s actual consumption compared to the Dwelling’s reference consumption, determined by Hydro-Québec, including on the basis of the Dwelling’s adjusted historical consumption.

Savings may vary based on the following:

• Method of participation in the Hilo Challenge selected by the Participant (if applicable).
• Type of Hilo Solution and/or number of Hilo Solutions during participation in the Hilo Challenge.
• Number of Connected Devices during participation in the Hilo Challenge and throughout its duration.
• Number of Hilo Challenges the Participant has accepted during a Winter Period.
• Efforts to reduce the electricity consumption of devices not included in a Hilo Solution.
• The weather, the Participant’s consumption habits or any potential misuse of the Service.

Service: All services provided by Hydro-Québec as part of the Hilo Smart Home Service, through which Participants can reduce their energy consumption, better understand their electricity consumption habits during the Winter Period and earn Rewards when they accept and complete a Hilo Challenge in keeping with the Agreement.

As part of the Service, the Participant can monitor their electricity consumption, manage their Connected Devices and take part in Hilo Challenges.

The Participant will receive the total amount of Rewards earned at the end of each Winter Period. Hydro-Québec will determine the payment method. Rewards will be paid out at the end of each Winter Period only.

To benefit from the Service, the Participant must have at least one Hilo Solution.

Smart Home Hub: Device that centralizes and manages all Connected Devices in the Dwelling and that connects with Hydro-Québec’s communicating meter to obtain the Dwelling’s power demand at a specific moment.

The Smart Home Hub must be compatible with the Service and may be provided by Hilo or a third party approved by Hydro-Québec. A single Smart Home Hub is required to obtain the Service.

Smart Solution for Electric Vehicle Charging:A Hydro-Québec home automation solution consisting of the remote control of a charging station allowing electric vehicle owners to participate automatically in Hilo Challenges. The Smart Solution for Electric Vehicle Charging does not include the charging station. The Participant must have a compatible charging station (and displayed as such on the Hilo website).

Smart Solution for Heating: A Hydro-Québec home automation solution consisting of various Connected Devices, including connected thermostats, that allow the electricity consumption of a Dwelling’s heating system to be managed through the Smart Home Hub and Hilo App.

Smart Solution for Water Heater: A Hydro-Québec home automation solution consisting of various Connected Devices, including load control devices and plumbing equipment, that allow the energy consumption of a Dwelling’s electrical water heater to be managed through the Smart Home Hub and the Hilo App. The Hilo Smart Solution for Water Heater does not include the electric water heater. The Participant must have a compatible water heater.

Taxes: The Goods and Services Tax (GST) and the Quebec Sales Tax (QST) that may be applicable.

Website: hiloenergie.com.

Winter Period: Period from December 1 to March 31 inclusively.