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:
1.1.1 Be a Hydro-Québec customer who is the holder, co-holder or mandatary of a Rate D contract for residential use, as a tenant or owner of the residence where the Hilo Smart Home Service is installed (the “Dwelling”);
1.1.2 Have “Connected Devices” acquired from Hilo (see Glossary); and
1.1.3 Have a smart mobile device on which they can download and use the Hilo mobile application. (See the hiloenergie.com website for details on compatible versions). These devices are not included. Standard messaging and data rates apply to all notifications and remote access via the Internet or a mobile network.
1.2 In addition, the Dwelling concerned must meet the following conditions:
1.2.1 Have a minimum of 50% of the heating load provided by electric heaters connected to Hilo thermostats following installation of the Hilo Smart Home Service;
1.2.2 Be equipped with a Hydro-Québec communicating meter;
1.2.3 Be equipped with electrical installations that comply at all times with the electrical standards and applicable laws in effect;
1.2.4 Have a high-speed Internet connection, a wireless network and a free, working Ethernet port on the modem or router;
1.2.5 Be of the detatched semi-detached or row house type, or be in a building with two units or more; and
1.2.6 Be located in one of the cities where the Hilo Smart Home Service is offered. The Participant can verify the eligibility criteria for this service at hiloenergie.com.
2.1 Unless otherwise stated, the prices of the Hilo Smart Home Service Offers, the prices of Connected Devices and the installation charges 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 indicated in the cart on the Hilo website or stated by the Hilo customer service agent if the order is placed by telephone, before the transaction is concluded. After the transaction, an order confirmation will be sent to the Participant by email. After installation, an invoice itemizing the price, taxes and applicable charges to be paid, as well as any applicable Credit, will be sent to the Participant by email. This order confirmation and the invoice will form an integral part of this Agreement.
2.2 The “Credit” corresponds to the difference between (i) the total price of the Connected Devices and installation (if applicable) and (ii) the amount paid for the Offer indicated in the invoice (before any applicable discounts).
2.3 In accordance with clause 5.5 of this Agreement, Hilo pays the Credit. The Credit balance will be updated in the Participant’s account. The Participant may also request his or her Credit balance by contacting Hilo’s customer service center.
2.4 In all situations, if a Connected Device cannot be installed on the date scheduled for installation, except for a reason that is not the consequence of Hilo’s own actions or those of its representative, that Connected Device will be removed from the order, and the price to be paid as well as the Credits and/or discounts related to the number of Connected Devices purchased will be updated in the invoice to reflect only the Connected Devices actually installed.
2.5 In all situations, if an additional Connected Device must be installed on the scheduled installation date, at the Participant’s request or in order to comply with the criteria set out in clause 1.2.1 of this Agreement, such Connected Device will be added to the order, and the amount to be paid as well as the Credits and/or discounts related to the number of Connected Devices purchased will be updated in the invoice to reflect only the Connected Devices actually installed.
2.6 All payments must 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.
2.8 The financing option for the purchase of Connected Devices is fully administered by Hilo partner PayBright. Visit paybright.com/en for more information.
2.9 In all cases, the Participant will be solely responsible for the actual payment of the Connected Devices purchased for his or her Dwelling. Order Confirmation
2.10 Before accepting to process an order, Hilo may require the Participant to provide additional information.
2.11 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.
2.12 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
2.13 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
2.14 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.
2.15 The Participant may cancel his or her order at no charge up to 3 business days before the scheduled installation time.
2.16 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.
2.17 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 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.
3.2 Non-Hilo Connected Devices purchased from Hilo 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 or for installation fees.
3.4 The Participant will 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). The Participant undertakes to assume liability resulting from non-compliance with the requirements that apply to the use of the Connected Devices by the Participant or by any third party.
3.5 Only connected devices and other devices approved by Hilo (and displayed as such on its website) will work with and are compatible with the Hilo Home Smart Hub and mobile application. As a result, at Hilo’s request, the Participant must delete and disconnect any other device from the mobile application and the Hilo Home Smart Hub to ensure the proper functioning of the Hilo Smart Home Service.
3.6 Hilo provides technical support only for Connected Devices the Participant purchases from Hilo.
Downloading the Hilo Mobile Application
Installation by Master Electrician
4.2 All Connected Devices forming part of the Hilo Smart Home Service requiring an electrical connection must be delivered and installed by a Hilo-designated master electrician. The master electrician will collect all Connected Devices that have not been installed, and under no circumstances will such a Connected Device be left with the Participant or in the Dwelling.
4.3 Hilo will not be required to install the Connected Devices if the master electrician finds that (i) the Dwelling’s physical or electrical installations do not allow for the safe installation of the Connected Devices; or (ii) the physical or electrical installations must be modified in order to install the Connected Devices; (iii) the Dwelling’s lighting and heating devices are not installed, functional and accessible; (iv) the Dwelling’s lightning and heating circuits are not supplied from the electrical panel; or (vi) the Participant or the Dwelling do not comply with the conditions set out in this Agreement. Without limiting the above, Hilo may also 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 Hilo 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 initial term of this Agreement is three (3) years. The Agreement will be automatically renewed for an indefinite term, unless the Participant or Hilo gives prior written notice of one (1) week to the contrary.
5.4 The Participant undertakes to use the Hilo Smart Home Service and to participate in Hilo Challenges for the entire term of this Agreement, including any renewal period, in accordance with clause 5.6.
5.5 In the event that this Agreement is terminated, if the Participant’s account shows a Credit balance, this balance will immediately become due and payable by the Participant. The Credit balance will be calculated based on an equalized monthly discount over a period of thirty-six (36) months beginning the day on which the Credit or a portion of the Credit is added to the Participant’s account. In such case, the amount of the Credit balance to be paid by the Participant is subject to specific tax rules and will therefore have to be increased to take into account any tax deemed to be included in such payment under subsection 182(1) of the Excise Tax Act and section 318 of the Act respecting the Québec sales tax. Such increase is almost equivalent to the sum of the GST and the QST.
5.6 The Participant undertakes to participate in a maximum number of Hilo Challenges for which Hilo requires his or her participation during the term of the Agreement. In addition, the Participant undertakes to make every effort necessary to reduce his or her electricity consumption, including as follows: by not changing the temperature settings on Hilo thermostats, 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.
5.7 Hilo reserves the right not to request the participation of one or more Participants during one or more Hilo Challenges.
Calculation of Savings and Rewards
5.8 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.
5.9 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.
5.10 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.
5.11 In the event that the Hilo Home Smart Hub is unable to communicate properly with the Participant’s Hydro-Québec smart meter, Hilo may invite the Participant to take part in Hilo Challenges; however, the Reward will be a flat amount of $0.40 per Hilo thermostat installed for each Hilo Challenge accepted. To this flat amount will be added $1.50 if the Participant accepts a Hilo Challenge by choosing the “intrepid” mode of participation. For the purposes of calculating the Reward provided for in this paragraph, only the Hilo thermostat(s) whose automatic actions offered by Hilo remain unchanged throughout the duration of the Hilo Challenge will be counted.
5.12 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.
5.13 The number of refusals to participate in Hilo Challenges is reset to zero at the beginning of each Winter Period.
5.14 If it comes to Hilo’s attention that the Connected Devices or the Hilo Smart Home Service or the Dwelling have been manipulated in such a way as to alter, rig or tamper with the Dwelling’s electricity consumption or electricity metering, Hilo may cap and/or review the Participant’s Rewards. In addition, Hilo may terminate this Agreement in accordance with clause 10.2.
Management of Outage Recovery
5.15 The Participant agrees to outage recovery management on the Connected Devices concerned to help ensure the stability of the Hydro-Québec grid. This management ensures that the power of the Connected Devices concerned is gradually restored after a power outage. This is an automated system integrated into the Hilo-Connected Devices concerned.
Energy Savings Not Guaranteed
5.16 Hilo does not guarantee energy savings or any other benefits associated with the use of the Connected Devices. Hilo will 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 will 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 unauthorized 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 will 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 will 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 As stipulated in clause 5.5, in the event that this Agreement is terminated, if the Participant’s account shows a Credit balance, this balance will immediately become due and payable by the Participant. The Credit balance will be calculated based on an equalized monthly discount over a period of thirty-six (36) months beginning the day on which the Credit or a portion of the Credit is added to the Participant’s account. In such case, the amount of the Credit balance to be paid by the Participant is subject to specific tax rules and will therefore have to be increased to take into account any tax deemed to be included in such payment under subsection 182(1) of the Excise Tax Act and section 318 of the Act respecting the Québec sales tax. Such increase is almost equivalent to the sum of the GST and the QST.
10.5 The consent provided by the Participant to the terms set out in clauses 9.3 to 9.8 will 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 Subject to clause 11.2, Hilo may, from time to time, amend the terms and conditions of this Agreement.
11.2 Hilo may, from time to time, amend the provisions set out in clause 1, which relates to the Hilo Smart Home Service; clauses 2.1, 2.2, 2.3, 5.3 and 5.5, which relate to the price of the Connected Devices and the Offer, the Credit and the initial term of the Agreement, respectively; and clauses 5.8 to 5.12, which relate to the calculation of the Reward. If applicable, however, Hilo will advise the Participant in writing at least 30 days before these amendments become applicable to the Participant. In addition, if the amendment increases the Participant’s obligations or reduces Hilo’s obligations, the Participant will have the option of refusing the amendment(s) and terminating the Agreement by providing written notice to Hilo no later than 30 days after the amendment comes into effect. Failure to provide notice of refusal within the specified time period constitutes acceptance by the Participant of any amendment.
11.3 Hilo may, from time to time, unilaterally change the nature of the Hilo Smart Home Service and the duration of the Agreement in respect of any indefinite renewal period of the Agreement, also subject to the same notification procedure provided in clause 11.2.
11.4 This Agreement will 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)
Address: 1200, avenue McGill College
6e étage, C.P. 52
Montréal (Québec) H3B 4G7
To be able to use the Hilo Smart Home Service, the Participant must first purchase a number of Connected Devices from Hilo, which must then be properly installed.
The Participant purchases Connected Devices from Hilo, or the Connected Devices are part of an Offer the Participant has signed up for.
The Connected Devices are managed by the Participant using the Hilo mobile application. The complete and detailed list of Connected Devices can be found on the hiloenergie.com website.
The “Credit” is equal to the difference between (i) the total amount of the price of the Connected Devices and their installation (if applicable) and (ii) the amount paid for the Offer as indicated in the invoice (before any applicable discount).
If a payment is made by the Participant to Hilo as required in clauses 5.5 and 10.4, the amount of the Credit balance to be paid by the Participant is subject to specific tax rules and will therefore have to be increased to take into account any tax deemed to be included in such payment under subsection 182(1) of the Excise Tax Act and section 318 of the Act respecting the Québec sales tax. Such increase is almost equivalent to the GST and the QST.
Person authorized by the Participant to represent him or her during the installation of the Connected Devices.
Residence where the Hilo Smart Home Service is installed.
A “Hilo Challenge” is a one-off event in which automatic actions are implemented targeting the Participant’s connected Hilo thermostats in order to reduce the temperature setpoint during a peak consumption period.
Each Hilo Challenge consists of three phases:
Hilo automatically manages these three phases.
Each Hilo Challenge has a maximum duration of seven hours: two hours for the warm-up phase (optional for the Participant), four hours for the reduction phase and one hour for the recovery phase.
The maximum number of Hilo Challenges is 2 challenges per day and 30 challenges per winter.
More detailed information on the Hilo Challenges is available on the website: https://www.hiloenergie.com/en-ca/support/hilo-challenges/how-it-works/whats-a-hilo-challenge/ .
Hilo Smart Home Service
This Agreement allows any Participant to benefit from the Hilo Smart Home Service in his or her Dwelling. This service allows the Participant to gain a better understanding of his or her consumption habits during the Winter Period and to receive cash Rewards when he or she accepts and takes up a Hilo Challenge. As part of his or her participation in the Hilo Smart Home Service, the Participant commits to the terms of this Agreement for three years during which he or she must live at the same address. If applicable, the Participant benefits from a Credit as provided in clauses 2.2 and 2.3.
As soon as the installation of the Connected Devices has been completed, the Participant may, as part of his or her access to the Hilo Smart Home Service:
At the end of each Winter Period, the Participant will receive the total Rewards accumulated by a payment method determined by Hilo. Rewards are only paid out at the end of each Winter Period.
Management of Outage Recovery
Outage recovery management is an energy function that is designed to limit the local overload that occurs during the recovery from an extended power outage.
The Hilo Smart Home Service Connected Devices concerned have an algorithm to modulate the power consumed by the heating load when power is restored.
A Hilo Offer is created in relation to one or more Connected Devices, with or without installation, for which Hilo may offer the Participant a Credit. A complete description and illustration of the Offers may be consulted on the hiloenergie.com website. Offers are subject to change at any time without notice by Hilo.
Amount of money offered by Hilo to the Participant based on his or her degree of success in the Hilo Challenges. The calculation of the Reward takes into account the following data:
Smart Hub (or “Gateway”)
Connected device that centralizes the management of all Connected Devices in the Dwelling.
Period from December 1 to March 31 inclusive.