1.1 The participant interested in using the Hilo Smart Home Service (respectively, the “Participant” and the “Hilo Smart Home Service”) must meet the following conditions throughout the term of the Agreement:
1.2 In addition, the Dwelling concerned must meet the following conditions:
2.1 Unless otherwise stated, the prices of Connected Devices displayed on the Hilo website do not include applicable sales taxes or shipping and handling charges, if any. The price, taxes and related charges, if any, will be clearly stated in the order form before the transaction is concluded. After the transaction, an order confirmation will be sent to the Participant. This order confirmation shall form an integral part of this Agreement.
2.2 If a Connected Device cannot be installed on the date scheduled for installation, except for a reason that is not the consequence of its own act or of its representative, that connected device will be removed from the order, and the price as well as the discounts related to the minimum quantity of Connected Devices purchased will be updated to reflect only the Connected Devices which are actually installed.
2.3 Payment for Connected Devices shall be made by credit card (Visa or Mastercard). In some cases, subject to compliance with the applicable terms and conditions, payment may also be financed by a Hilo partner.
2.5 The financing option for the purchase of Connected Devices is fully administered by Hilo partner PayBright. Visit paybright.com/en for more information.
2.6 In all cases, the Participant shall be solely responsible for the actual payment of the Connected Devices purchased for his or her Dwelling.
2.7 Before accepting to process an order, Hilo may require the Participant to provide additional information.
2.8 The confirmation of receipt of the order by Hilo is not a confirmation of the sale of the Connected Devices covered by the order. Hilo cannot guarantee that the Connected Devices advertised on its website will be available at the time they are ordered or thereafter.
2.9 Hilo reserves the right to cancel an order and not to process it, even if it has already been accepted. In such a case, Hilo will notify the Participant of the cancellation and advise him or her that no amount will be charged or that a refund will be applied, as the case may be.
Installation of Connected Devices
2.10 Hilo will contact the Participant to determine the installation date of the Connected Devices after confirmation of the order.
Changes to an Order Before Connected Devices Are Installed
2.11 A Participant who wishes to make a change to his or her order prior to the scheduled installation date, including in connection with the time or date of installation, must contact Hilo’s customer service department. Hilo reserves the right not to accept the Participant’s change request, in which case the order will be cancelled.
2.12 The Participant may cancel his or her order at no charge up to 3 business days before the scheduled installation time.
2.13 If the Participant cancels his or her order less than 3 business days before the scheduled installation time or at the time of installation, an amount of fifty dollars ($50) will be billed to the Participant to cover the cancellation fee of the master electrician.
2.14 Hilo reserves the right to terminate this Agreement if, due to the cancellation of an order, any or all of the terms and conditions set out in this Agreement are no longer being met.
3.1 Connected Devices bearing the Hilo brand, namely the thermostats and the Smart Hub, are warranted from the date of installation as follows: i) three years against manufacturing defects and ii) one year against installation defects. Hilo makes no commitment to provide replacement parts or repair services after the warranty period. The term “Smart Hub” refers to the connected device that centralizes and manages all Connected Devices in the Dwelling.
3.2 Non-Hilo Connected Devices are covered by the manufacturer’s warranty. The Participant may consult the user manual or specifications for these Connected Devices on the hiloenergie.com website.
3.3 Hilo does not offer any best price guarantee for any of the Connected Devices.
3.4 The Participant shall be responsible for ensuring that the Connected Devices purchased (including the smoke detector) comply with all relevant operating requirements, including applicable standards, codes and laws (municipal and other).
Downloading the Hilo Mobile Application
Installation by Master Electrician
4.2 Some of the Connected Devices forming part of the Hilo Smart Home Service must be installed by a Hilo-designated master electrician. The installation fee for the Connected Devices and the cost of the Smart Hub are as stated in the order form. These amounts are paid by Hilo under the terms of clause 5.3.
4.3 If the master electrician finds that the Participant’s physical or electrical installations do not allow for the safe installation of the Connected Devices or that the Participant or the Dwelling do not comply with the conditions set out in this Agreement, Hilo may terminate the Agreement and bill the Participant an amount of fifty dollars ($50) to cover the master electrician’s travel expenses.
Presence of Participant at the Time of Installation
4.4 The presence of the Participant, or of the person authorized by the Participant to represent him or her (the “Designated Representative”), is required during the installation of the Connected Devices.
4.5 The Participant or his or her Designated Representative must be in possession of the smart mobile device that will be used to control the Connected Devices.
4.6 Hilo will not install any Connected Devices in any of the following situations:
In any such situation, the purchase of the Connected Devices is maintained, but their installation will be postponed and an amount of fifty dollars ($50) may be billed to the Participant to cover the master electrician’s travel expenses.
4.7 The Participant authorizes Hilo or any person duly mandated by Hilo to enter his or her Dwelling on the days and at the times agreed upon for the purpose of testing or making improvements to the Connected Devices as well as for the purpose of installing, replacing, repairing, modifying or removing the Connected Devices. In cases where the master electrician cannot access the Dwelling or the Connected Devices, the Participant may be billed an amount of fifty dollars ($50) to cover the master electrician’s travel expenses.
4.8 The master electrician and the Participant undertake to comply with all applicable public health measures and directives during installation or any subsequent visit.
Minor Work, Liability and Warranties
4.9 The installation of the Connected Devices requires minor work such as drilling holes or installing screws. Hilo will not perform any restoration work as part of this work. However, Hilo will repair any damage that may be caused by the fault or negligence of the master electrician during the installation of the Connected Devices.
5.1 The term “Hilo Challenge” means a one-time event as defined at the end of this Agreement (see Glossary). The day before each Hilo Challenge, the Participant receives a notification of the Hilo Challenge via the Hilo mobile application. The Participant who receives a Hilo Challenge may:
5.2 The Participant may change the setpoint temperatures of the connected thermostats at any time. However, changing a temperature while a Hilo Challenge is in progress could affect the results of the Hilo Challenge and, consequently, the calculation of any potential reward.
Participation in Hilo Challenges
5.3 The Participant undertakes to use the Hilo Smart Home Service and to participate in Hilo Challenges for a period of three years. If this Agreement is terminated before the expiry of this three-year period, the Participant shall be required to reimburse the installation fee and the cost of the Smart Hub specified in the order form, prorated for the months remaining in this initial three-year period. For example, if the Agreement is terminated five months after the commencement date, the Participant will be required to reimburse 31/36ths of the installation fee and Smart Hub cost specified in the purchase order.
5.4 The Participant undertakes to participate in as many Hilo Challenges as possible during the term of the Agreement. In addition, the Participant undertakes to make every effort necessary to reduce his or her electricity consumption, including by avoiding the use of household appliances and by reducing hot water consumption while the Hilo Challenges he or she has accepted are in progress.
5.5 The Agreement will be automatically renewed for an indefinite term, unless the Participant or Hilo gives prior written notice of one week to the contrary.
Calculation of Savings and Rewards
5.6 Hilo provides rewards to eligible Participants (the “Reward” or “Rewards”). These Rewards are distributed once a year, following the period from December 1 to March 31 inclusive (the “Winter Period”) of the reference year.
5.7 A Participant who has accepted all Hilo Challenges, or who has declined to participate in five or fewer of the proposed Hilo Challenges during a given Winter Period, will receive $0.55 per kilowatt-hour 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.
5.8 A Participant who has declined six to ten of the proposed Hilo Challenges during a given Winter Period will receive $0.25 per kilowatt-hour 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.
5.9 A Participant who has declined more than ten of the proposed Hilo Challenges in a given Winter Period will not be entitled to any Rewards in that Winter Period, and the Agreement may be terminated as a result in accordance with clause 10.2.
5.10 The number of refusals to participate in Hilo Challenges is reset to zero at the beginning of each Winter Period.
Management of Outage Recovery
5.11 The Participant agrees to outage recovery management on the Connected Devices to help ensure the stability of the Hydro-Québec grid. This management ensures that the power of Connected Devices is gradually restored after a power outage. This is an automated system integrated into Hilo-Connected Devices.
Energy Savings Not Guaranteed
5.12 Hilo does not guarantee energy savings or any other benefits associated with the use of the Connected Devices. Hilo shall not be held responsible for an increase in an electricity bill, as the increase may be due to weather, the Participant’s consumption habits, improper use of the Hilo Smart Home Service or participation in Hilo Challenges, among other things.
6.1 The Participant undertakes to:
7.1 Direct or indirect use, by any means whatsoever, of the Hilo Smart Home Service under the following terms is strictly prohibited:
7.2 Hilo shall not be liable for any damage or inconvenience caused by a malfunction of the Hilo Smart Home Service which is not the result of its actions or the personal actions of its representative, including interruption of the Service; delays, failures, omissions or loss of information; a bad connection with voice assistants or between the Hilo mobile application and Connected Devices.
7.3 By agreeing to be bound by this Agreement, the Participant agrees that he or she is also bound by the following documents (see hiloenergie.com):
9.1 Hilo implements physical, electronic and procedural safeguards to protect the personal information of its Participants. Hilo uses state-of-the-art encryption technologies to help protect Connected Devices at home and to minimize the possibility that these Connected Devices may be controlled by third parties.
9.2 Hilo takes all appropriate measures to ensure the security of data transmission between the Hilo Home Smart Hub and the Connected Devices of each Participant. Hilo shall inform the Participant of any important security breaches brought to its attention as soon as it becomes aware thereof and will inform the Participant of the applicable protective measures.
9.3 By using the Hilo Smart Home Service, or by providing personal information, the Participant agrees that Hilo may contact the Participant electronically about issues related to the Participant’s use of this website, whether related to security, administration or privacy.
9.4 Obligations pertaining to personal information shall remain in effect after the end of the Agreement.
9.5 The Participant agrees that Hilo may, during the term of the Agreement, use his or her first and last name and contact information (address, telephone number and e-mail address), including to obtain data from Hydro-Québec regarding both his or her actual electricity consumption during the twenty-four (24) months preceding the commencement of the Agreement and his or her consumption during the term of the Agreement; 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 communicating meter. The Participant also consents to 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, e-mail address and type of home heating. The Participant also agrees that Hydro-Québec may inform Hilo of any changes to this information throughout the term of the Agreement.
9.6 The Participant consents to Hilo, its service providers or partners 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 the installed Connected Devices, including data from these Connected Devices, data and statistics concerning the Participant’s use of the Hilo mobile application as well as answers, comments and other information provided by the Participant, including as part of any exchange with Hilo in the context of this Agreement.
9.7 The Participant consents to Hilo analyzing the information or data collected in order to provide personalized advice and help the Participant consume more efficiently.
9.8 The Participant agrees that the personal information covered by this Agreement may be hosted on servers or cloud spaces, which are located in Canada, the United States or a member country of the European Union.
9.9 The Participant understands that the personal information mentioned in this Agreement will be processed by Hilo and Hydro-Québec, as the case may be, in accordance with applicable privacy legislation.
10.1 The Participant may terminate the Hilo Smart Home Service Agreement at any time. However, the Participant may no longer be eligible for Rewards for the Winter Period in progress at the time of termination of the Agreement.
10.2 Hilo may unilaterally terminate this Agreement in any of the following cases:
10.3 In the event of termination, the features of the Hilo mobile application will be deactivated. If the Participant has paid all amounts due in respect of the Connected Devices, they will remain his or her property.
10.4 The consent provided by the Participant to the terms set out in clauses 9.3 to 9.8 shall remain effective until the end of the Winter Period in effect at the time of termination of the Agreement for the purpose of calculating the Rewards to which the Participant is entitled, if any.
Amendment of Agreement
11.1 During the initial term of the Agreement, Hilo reserves the right to unilaterally amend the Agreement, except for the provisions set out in clause 1, which relates to the Hilo Smart Home Service; clauses 2.1, 4.2 and 5.3, which relate to the price of the Connected Devices and the initial term of the Agreement, respectively; and clauses 5.7 to 5.9, which relate to the calculation of the Reward.
11.2 In the event of any amendment by Hilo, if the amendment increases the Participant’s obligations or reduces Hilo’s obligations, the Participant will receive written notice no later than 30 days before the amendment comes into force. The Participant will have the option of refusing the amendment and will have 30 days from the effective date of the amendment to terminate the Agreement. To do so, the Participant must provide written notice to Hilo. Failure to provide notice of refusal within the specified time period constitutes acceptance by the Participant of any amendment.
11.3 Hilo further reserves the right to unilaterally change the nature of the Service and the duration of the Agreement in respect of any indefinite renewal period of the Agreement, also subject to the same notification procedure.
11.4 This Agreement shall be in force from the date of the order.
11.5 Hilo’s customer service department contact details are as follows:
Telephone: 438-289-HILO (4456) or, toll‑free, 1-844-500-HILO (4456)
1200 McGill College Avenue, 6th floor
Montréal, Québec H3B 4G7