Hilo Tester Agreement – Pilot Project

1. Hilo Services Inc. Contact Information (“Hilo”)

Email: info-rechargeVE@hiloenergie.com
Website: https://www.hiloenergie.com/en-ca/
Phone: (438) 289-HILO (4456) or, toll-free, 1-844-500-HILO (4456)

2. Pilot Project Context

Hilo is asking consumers (the “Testers”) to test and evaluate a new service offering that is intended for owners of residential electric vehicle supply equipment (EVSE), commonly known as home charging stations (the “Pilot Project”). The Pilot Project will involve the gradual introduction of functionalities relating to a smart charging solution developed by Hilo in collaboration with its partners (the “Solution”). Feedback from the Testers will be requested in order to evaluate and optimize this Solution before its official commercial launch.

As with all Hilo smart energy solutions, the Solution will enable Testers to assume greater control of their energy consumption as well as contribute to the stability of the electrical grid and the reduction of greenhouse gas emissions.

3. Description of the Pilot Project

The Solution is aimed mainly at allowing the Testers, who are users of electric vehicles, to draw on their home charging station to participate in Hilo challenges. Taking on a Hilo challenge means accepting to moderate electricity consumption during periods when Hydro-Québec expects energy consumption to be higher than usual—generally during the coldest days. These periods are also called peak periods, by analogy to peak hours on the road network. These events last several hours and occur during consumption peaks of the power grid, specifically between 6 a.m. and 10 a.m. and between 5 p.m. and 9 p.m.

The home charging stations registered in the Pilot Project will automatically be part of these challenges without any intervention required on the part of the Testers. The challenges related to the Pilot Project will be referred to as “Pilot Challenges.” The Pilot Challenges will serve to test the Solution; some may coincide with Hilo challenges that are part of the Hilo Smart Home Service (“Hilo Challenges”), but others may be planned during other periods. Hilo will provide advance warning to Testers before every Pilot Challenge, and Testers can choose whether to participate at their discretion. Once the Pilot Challenge ends, charging will also resume automatically. Outside of these Pilot Challenges, Testers can continue to use their home charging stations as they normally would.

4. Compensation for Participation in the Pilot Project

In exchange for his or her participation in the Pilot Project, the Tester will receive the following:

  • a $150 discount on one of the three Hilo Smart Home bundles (Small Home bundle at $199.99, the Medium Home bundle at $339.99, and the Large Home bundle at $479.99 before the $150 reduction, plus taxes). The Tester must subscribe to the Hilo Smart Home Service in order to receive the $150 discount. Certain conditions apply to this service, please see https://www.hiloenergie.com/en-ca/legal/entente-du-participant-contrat/. The Hilo Smart Home Service enables subscribers to start accumulating rewards as soon as the 2021-22 winter season for every kilowatt-hour not consumed during Hilo Challenges. For Testers who already participate to the Hilo Smart Home Service, this $150 discount can be used towards the purchase of any IoT products sold on the Hilo website; and
  • a $100 discount on any Smart-Home Upgrades offered by Elmec Inc. (“Elmec”) if the Tester does not already have a smart home charging station. This upgrade is required in order to participate in the Pilot Project.

Conditions in order to take advantage of the abovementioned discounts

  • These discounts are valid towards purchases made between November 1 and December 31, 2021.
  • The discounts cannot be combined with any other offer or promotion.
  • Each discount can only be applied to a single order and is considered to be used once it has been submitted with an order
  • .
  • These discounts are not transferable, cannot be sold or exchanged and have no monetary value.
  • In a situation where a Tester is already participating in the Hilo Smart Home Service, the $150 discount cannot be used to pay, where applicable, any installation fees for purchased IoT products.

5. Hilo Challenge Rewards

Testers who are also subscribed to the Hilo Smart Home Service can collect cash rewards if the Pilot Challenge coincides with a Hilo Challenge. These rewards are subject to the same terms and conditions as the participant’s agreement, available here: https://www.hiloenergie.com/en-ca/legal/entente-du-participant-contrat/.

Testers who are not subscribed to the Hilo Smart Home Service do not qualify for cash rewards during the Pilot Project.

6. Pilot Project Eligibility Requirements

To be eligible for the Pilot Project, the Tester must fulfill the conditions precedent described below by November 15, 2021, at the latest, and at his or her own cost, if necessary:

  • Be a Hydro-Québec customer holding a rate D service contract for residential use, either as a tenant or an owner;
  • Possess, at his or her place of residence, electrical installations at all times in compliance with standards and laws in effect;
  • Have a high-speed Internet connection and functional wireless network that covers the residence and electric vehicle charging area;
  • Be equipped with an eligible smart meter;
  • Have a mobile smart device to which a mobile application can be downloaded;
  • Use the Hilo hub, which enables communication with the smart meter in order to obtain real-time meter readings—if the Tester does not have a Hilo hub, Hilo will provide a hub free of charge; and
  • possess a compatible Elmec EVduty home charging station, such as:
    • an EVduty EVC30 Smart-Home type home charging station for an electric vehicle (NEMA 14-50P or NEMA 6-50P or hardwired versions), or
    • a standard EVduty home charging station type, which qualifies for Smart-Home upgrades offered by Elmec. If required, this home charging station must be upgraded by Elmec through Elmec’s transactional website; the Tester may use the Hilo discount for this purpose.

7. Conditions for Participation

7.1. Participation in Pilot Challenges/Management of Outage Recovery

7.1.1. Participation in Pilot Challenges. The Tester agrees to participate in the Pilot Challenges that are proposed through notifications sent by email or another means (note that the Tester can refuse to participate in certain challenges, see 7.1.1.2). The challenges will usually last around four hours.

7.1.1.1. Notification of Tester. The Tester will receive a notification by email or by another means at the latest the day before a Pilot Challenge. Absent any indication to the contrary from the Tester, participation in this challenge will be considered accepted. For the duration of the challenge, the Tester may not be able to use his or her home charging station given that it will follow a specific charging plan.

7.1.1.2. Withdrawal from Challenges. In cases where a Tester needs an accelerated charge session (or if the Tester refuses to participate in a challenge for any other reason), the Tester may withdraw at any time, including during a Pilot Challenge. Detailed instructions will be provided covering all options for withdrawing from challenges. During the Pilot Project, the Tester must participate in at least half of the proposed Pilot Challenges. If the number of withdrawals exceeds 50% of the proposed challenges, Hilo reserves the right to cancel its service and participation credits offered, and to recover any equipment provided free of charge, such as the Hilo hub.

7.1.2. Management of Outage Recovery. In order to ensure the stability of the Hydro-Québec grid, a recovery management function may be tested as part of the Pilot project. After power restoration following a power outage or service interruption, this function gradually returns power to the home charging station.

7.2. Tester Contribution to Pilot Project

7.2.1. Tester Experience. The Tester undertakes to share his or her experience and that of his or her family with Hilo through surveys or interviews (by phone or in person), both during and after the Pilot Project.

7.2.2. Hilo Mobile Application. The Tester undertakes to download and use the Hilo mobile application and to update it when a new version becomes available during the Pilot Project.

7.2.3. Smart-Home Upgrade. If required, the Tester undertakes to acquire from Elmec a Smart-Home Upgrade for his or her home charging station.

7.2.4. Communications. The Tester permits Hilo, or anyone duly authorized by Hilo to act on its behalf, to contact them by email or by phone.

7.3. Other Tester Undertakings

7.3.1. Change of Charging Habits. The Tester undertakes to advise Hilo of any change that may have a significant influence on the charging of his or her home’s electric vehicles during the Pilot Project—for example, the addition or removal of a home charging station. Note that the Tester is responsible for any expense related to the purchase, installation, repair or removal, if required, of a home charging station or electric vehicles.

7.3.2. Change of Electricity Consumption Habits. The Tester undertakes to advise Hilo of any change that may have a significant influence on his or her home’s energy consumption during the Pilot Project—for example, major renovations, a change of address or even the addition or removal of an energy-intensive device.

7.3.3. Internet. The Tester undertakes to maintain his or her high-speed Internet connection and to have a functional wireless network for the entire duration of the Pilot Project.

7.3.4. Hydro-Québec Rate D. For the purposes of the Pilot Project, the Tester’s service contract with Hydro-Québec must remain subject to a Rate D (residential) rate from Hydro-Québec. A customer who requests to change to another Hydro-Québec rate, including Rate Flex, or to add another option, for example a Winter Credit Option, will have his or her participation in the Pilot Project terminated.

7.3.5. Electricity Costs. The Tester agrees to pay the cost of his or her electricity consumption related to the use of his or her home charging station during the Pilot Project as part of his or her electricity service contract with Hydro-Québec.

7.3.6. Charge Schedule Programming. The Tester agrees to not hamper the execution of the Pilot Project by programming a charging schedule using the EVduty mobile application, the vehicle’s mobile application or dashboard, or by any other means.

7.3.7. Device Error or Irregularity. As soon as the Tester is aware of any error or irregularity affecting the home charging station, the Tester undertakes to advise the home charging station’s supplier.

7.4. End of the Project.

During the Pilot Project or at the end of the Pilot Project, the Tester may be invited to subscribe to the Solution for its official market launch. Should it be the case, the Tester will keep the equipment that was provided, such as the Hilo hub. If, at the end of the Pilot Project, the Tester does not want to subscribe to the Solution, and if the Tester is no longer a recipient of the Hilo Smart Home Service, Hilo will recover the Hilo hub provided for the Pilot Project at its own expense. Furthermore, the home charging station will cease to be compatible with the Solution.

7.5. Limitation of Liability

7.5.1. The website, the Hilo mobile application, the voice assistant and the devices installed, their content and their functionalities are provided on an as is basis. Hilo takes reasonable measures to keep them up to date. However, errors, omissions and inaccuracies are possible.

7.5.1. Hilo does not guarantee any of the following elements:

  • saving energy, the amount of the Hilo rewards, or other advantages related to the use of the Solution;
  • any increase or decrease of the Tester’s electricity bill;
  • the accuracy, relevance or comprehensiveness of content;
  • the compatibility of smart devices owned by the Tester with the Hilo mobile application and devices installed as part of the Pilot Project;
  • the operation of the Tester’s home charging station;
  • a performance that is free of interruptions, delays, failures, omissions or loss of information;
  • the extent to which the website, a service or a product responds to the needs and expectations of its users;
  • the home charging station and the Smart-Home upgrades;
  • damages caused by the actions of a third party during use of the website, a service or a product.

Hilo will therefore not be liable for any damage or inconvenience caused by these elements.

Furthermore, Hilo did not develop Elmec’s mobile application or website. Therefore, to the extent permitted by applicable law, when the Tester uses and accesses Elmec’s mobile application and website, the Tester accepts all risks relating to their use, and releases Hilo from any responsibility relating to damages caused by their use and accepts the respective conditions of use for Elmec’s mobile application and website that are available at:

The Tester is thereby responsible for all his communications for the purposes of interacting with Elmec’s mobile application and website. In particular, it is the Tester’s responsibility to ensure the protection of any personal information transmitted to Elmec.

7.6. Intellectual Property and Licence

7.6.1. All rights, title, and interest relating to the Hilo Smart Home Service, the Solution, the Hilo mobile application and the website (including the program code) as well as to Hilo trademarks and logo are the property of Hilo and are protected by intellectual property legislation. The Tester may not reproduce, translate, publish, transmit, or disseminate any of these elements, in whole or in part, without the written authorization of Hilo.

7.6.2. Subject to the Tester’s compliance with the conditions in this agreement and the Terms of use, the Tester is granted a non-transferable, non-assignable, non-exclusive, revocable and free licence to download and use of the Hilo mobile application and to access the Hilo mobile application for personal (non-commercial) use. No other use is authorized.

7.7. Hilo Mobile Application and Others

7.7.1. Personal Use Only. The Hilo mobile application, the Solution, the voice assistant offered by a supplier and the devices installed are intended for personal (and non-commercial) use and must be used in accordance with applicable laws, this present agreement as well as in accordance with the Terms of Use and Privacy Policies for Hilo’s website, the voice assistant and the Hilo mobile application which the Tester accepts by clicking on this link: https://www.hiloenergie.com/en-ca/legal/terms-of-use/ . The Tester must read the Terms of Use and Privacy Policies and accept them again whenever a new version is published, since they may be modified from time to time.

7.7.2. Cases of Prohibited Use. It is strictly prohibited to perform any of the following acts, whether directly or indirectly, by any means whatsoever:

  • to use the Hilo website or mobile application, the Solution, and installed devices or their content for commercial purposes without obtaining prior consent from Hilo;
  • to use the Hilo website or mobile application, the Solution, and the installed devices for illegal purposes;
  • to cause IT disruptions on the website or in the mobile application, in the Solution or on installed devices or to decode any of the aforementioned;
  • compromise the security of the Hilo website or mobile application, the Solution or installed devices.

7.8. Personal Information

7.8.1. The Tester agrees that Hilo may, as part of the Pilot Project, use his or her first and last name and contact information (address, phone number, and email address), including to obtain data from Hydro-Québec regarding both his or her actual electricity consumption during the twelve (12) months preceding the commencement of this agreement and his or her consumption during the Tester’s participation in the Pilot Project; the Participant also agrees to Hilo validating with Hydro-Québec information such as the electricity rate associated with his or her account and the location, compatibility and number of his or her smart meter. The Tester also consents to allow Hilo validating with Hydro-Québec the personal information it holds with respect to his or her account, including account number, status as person responsible for the account, address, telephone number, email address and type of home heating. The Tester also agrees that Hydro-Québec may inform Hilo of any changes to this information for the duration of his or her participation in the Pilot Project.

7.8.2. As part of the Pilot Project, the Tester consents to Hilo, its partners and service providers or third parties (including Elmec Inc.) recovering, storing, and using for research and development purposes the personal information set out in the previous paragraph as well as data concerning the status, operation and controls of any home charging station that has been connected and installed, including data from these devices, data and statistics concerning the Tester’s use of the Hilo mobile application as well as answers, comments, and other information provided by the Tester, including with regard to the surveys and interviews.

7.8.3. The Tester understands that he or she may withdraw this consent at any time, in writing by sending an email to info@hiloenergie.com, or by phone by calling 438 289-HILO (4456) or toll-free at 1-844-500-HILO (4456).

7.8.4. The Tester acknowledges that the personal information set out in this agreement is hosted on servers or cloud storage, which may be located in Canada, the United States, or a member state of the European Union.

7.8.5. The Tester understands that the personal information set out in this agreement will be processed by Hilo and Hydro-Québec, as necessary, in compliance with applicable privacy legislation.

7.9. Withdrawal from the Project

7.9.1. Participation in the Pilot Project may be terminated upon request by Hilo or the Tester.

7.10. Duration

7.10.1. This agreement is in effect upon commencement of the Pilot Project scheduled to be launched on November 1, 2021, and ends upon termination of the Pilot Project, or no later than October 31, 2022.

7.10.2. The obligations with regards to personal information survive the termination of this agreement.

7.11. Participation in the Pilot Project

7.11.1. The Tester declares that he or she has read and understands this participation agreement for Hilo’s Pilot Project. As a Tester of the Solution during the Pilot Project, the Tester consents to the terms of this agreement, the terms of use provided on the Hilo website, and the risks and advantages or potential inconvenience that may result, if applicable.