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Hilo Smart Home Conditions of Service

Last update: October 2022

This Agreement sets out the conditions for using the Service. The conditions provided in sections 1 to 12 apply to all Participants, while those provided in sections 13 to 18 apply depending on the case. Capitalized terms and expressions are defined in the Glossary at the end of this Agreement.

1. Eligibility for the Service

 

1.1 A Participant who wishes to use the Service must meet the following conditions throughout the term 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 Have a smart mobile device on which the Hilo mobile app can be downloaded and used. (See the hiloenergie.com website for details about compatible versions.) These devices are not included in the Service. Standard message and data rates apply to all notifications and remote access via the Internet or a mobile network.

 

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

1.2.1 Be equipped with at least one functional Hilo Solution;
1.2.2 Be equipped with a Smart Home Hub (a single Smart Home Hub is required to receive the Service);
1.2.3 Be equipped with a Hydro-Québec communicating meter;
1.2.4 Be equipped with electrical and plumbing installations that comply at all times with all electrical and plumbing standards, depending on the case, and with the applicable laws in effect;
1.2.5 Have a high-speed Internet connection, a functional wireless network (including Zigbee, WiFi or other wireless networks) covering all Connected Devices and a free, functional Ethernet port on the modem or router;
1.2.6 Be a single-family home, a semi-detached or row house, or be located in a building with two or more units; and
1.2.7 Be located in a city where each of the selected Hilo Solutions is offered, as applicable. The Participant may verify eligibility criteria by visiting hiloenergie.com.

 

2. Warranties and liability

 

2.1 Hilo brand Connected Devices, Smart Home Hub and products distributed by Hilo, whether purchased directly from Hilo or indirectly through a third party affiliated with the Service, are warranted for three (3) years against manufacturing defects beginning on:

- the installation date if the Connected Devices and products are installed by Hilo;
- the date on which the Participant takes possession of the Dwelling if the Connected Devices and products are installed by an authorized affiliated third party in a new construction;
- the date of the Participant’s order, if Hilo has mailed the Connected Devices and products to the Participant .
In addition, if the Connected Devices or the Smart Home Hub are installed by Hilo, they are warranted for one (1) year against installation defects beginning on the installation date. The manufacturer’s warranty on Hilo brand Connected Devices or on the Smart Home Hub does not apply if the equipment breaks or is defective for one of the following reasons:
2.1.1 an accident;
2.1.2 an event of force majeure;
2.1.3 a Connected Device or the Smart Home Hub has been modified without Hilo’s authorization; or
2.1.4 the Connected Device or the Smart Home Hub was used improperly or in an abusive manner.

 

2.2 Non-Hilo brand Connected Devices and products distributed by Hilo, whether purchased directly from Hilo or indirectly through a third party affiliated with the Service are covered by the manufacturer’s warranty. The Participant must consult the user guide or technical specifications for these Connected Devices and products at hiloenergie.com. In addition, if these Connected Devices are installed by Hilo, they are warranted for one (1) year against installation defects beginning on the installation date.
 
2.3 Hilo offers no warranty for Connected Devices purchased from third parties that are not (i) Hilo brand devices or (ii) distributed directly by Hilo or indirectly by a recognized as an authorized third party. The Participant must consult the user guide or technical specifications for these Connected Devices or products sold by third parties.
 
2.4 Hilo offers no best-price warranty for Connected Devices sold by Hilo or for installation fees.
 
2.5 The Participant must ensure that the Connected Devices and the Smart Home Hub (including the smoke detector and water heater) meet all applicable operating requirements, including requirements stipulated in the user manuals, technical specifications, standards, codes and applicable laws (municipal and other). The Participant assumes all liability resulting from non-compliance with requirements that apply to the use of the Connected Devices by the Participant or by a third party.
 
2.6 Subject to section 6.2 of this Agreement, only (i) Hilo brand Connected Devices or (ii) non-Hilo brand Connected Devices that have been approved by Hilo (and displayed as such on its website) will work with and are compatible with the Smart Home Hub and mobile app. For clarification, Hilo does not guarantee the good working order or compatibility of non-Hilo brand Connected Devices that have not been approved by Hilo (and displayed as such on its website) with the Smart Home Hub or Hilo mobile app. Therefore, at Hilo’s request, the Participant must remove and disconnect any other device from the mobile app and the Smart Home Hub to ensure the Service runs smoothly. Non-Hilo brand Connected Devices that are compatible with the Service are subject to change without notice. 
 
2.7 Hilo is not required to provide replacement parts or repair services after the warranty period expires or at any time if the Participant does not comply with section 2.5 of the Agreement. In addition, Hilo provides technical support only for Connected Devices distributed by Hilo, purchased directly from Hilo or indirectly through a third party affiliated with the Service or the Smart Home Hub. Throughout the term of the installation warranty, Hilo may repair or provide for the repair of the Connected Devices or the Smart Home Hub covered by the installation warranty, or Hilo may replace them at its discretion. This technical support service is included in the installation warranty, except in the following situations:

2.7.1 The problem was caused by the Participant’s fault;
2.7.2 The problem was caused by the Participant’s improper use of a service, a Connected Device or the Smart Home Hub;
2.7.3 The problem was caused by equipment not covered by the Hilo warranty provided under section 2.1, for example, due to a defective device located in the Participant’s home, including a light fixture or heating system;
2.7.4 The problem was caused by a failure in the Participant’s electrical system, including, in particular, a circuit breaker that is off or defective, or an electrical wire that has been cut, etc.
In the above cases, Hilo reserves the right to invoice the Participant for the cost of the specialist dispatched to the service call. The price will be determined based on the complexity of the problem, the time spent remedying the problem and the materials used.

 

3. Mobile app

 

3.1 The Participant undertakes to download the Hilo mobile app on a smart mobile device, which will be used to control the Connected Devices connected to the Service using the Smart Home Hub. In cases where Hilo installs the Connected Devices, the Hilo mobile app must be downloaded before the Installer arrives. Otherwise, the Hilo mobile app must be downloaded upon receipt of the Smart Home Hub. Updated terms of use for the Hilo mobile app and the related privacy policy must be accepted on the smart mobile device (see section 8 of the Agreement).

 

4. Hilo Challenges

 

4.1 The Participant will receive a notification of a Hilo Challenge through the Hilo mobile app the day before each Hilo Challenge. A Participant who receives a notification of a Hilo Challenge may:

4.1.1 refuse the Hilo Challenge at any time before or during the Hilo Challenge. A Participant who does not wish to participate in a Hilo Challenge must indicate their refusal using the Hilo mobile app. A Participant who refuses a Hilo Challenge may not modify this choice after 11:59 pm of the day before the Hilo Challenge;
4.1.2 accept the Hilo Challenge. A Participant who wishes to take part in a Hilo Challenge is not required to take any action because if the Participant does not refuse to take part in a Hilo Challenge through the Hilo mobile app, this will be considered an acceptance of the Hilo Challenge.

 

4.2 The Participant may change the Hilo Setpoints at any time (in particular, through the Hilo mobile app, a setting in the Hilo mobile app, the Connected Device or the voice assistants) or exclude the Connected Device (through the Hilo mobile 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 a Connected Device from a Hilo Challenge may not modify this choice during the Hilo Challenge. If the Participant wants such Connected Devices that were excluded from the Hilo Setpoints to return to their setpoints prior to the Hilo Challenge, this must be done manually. Hilo is not responsible if a Hilo Solution fails to participate in a Hilo Challenge due to a change in a Hilo Setpoint or exclusion of a Connected Device by the Participant.

 

Participation in Hilo Challenges

4.3 The Participant undertakes to take part in as many Hilo Challenges as possible throughout the entire term of the Agreement and to not exceed the maximum allowable refusals to take part in Hilo Challenges as provided in section 4.12. In addition, the Participant undertakes to make every effort to reduce his or her electricity consumption, including in the following ways: by not changing the Hilo Setpoints, by not using household appliances and other energy-hungry devices, and by reducing hot water consumption before and during Hilo Challenges that the Participant has accepted. Hilo 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 mobile app the day before each test. Participants can accept or refuse to take part in each test following the procedure set out in section 4.1 of this Agreement. The Participant’s refusal to take part in one or more tests will not be counted in the number of refusals for the Winter Period.

 

4.4 Hilo reserves the right not to request the participation of the Participant during one or more Hilo Challenges, including on a partial basis. Hilo 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, including on a partial basis.

 

4.5 The Participant agrees that, despite his or her acceptance of a Hilo Challenge involving the Smart Solution for Water Heater, Hilo might not request the participation of his or her Smart Solution for Water Heater 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 nor to a Dwelling’s energy savings during the Hilo Challenge, which may affect the amount of the Reward.

 

4.6 The Participant accepts Outage Recovery Management on the Hilo Solutions concerned to help maintain the stability of the Hydro-Québec grid.

 

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

 

Calculation of Rewards

4.8 Hilo distributes Rewards to Participants who are entitled to them. Rewards are paid out once a year, after the Winter Period of the reference year. Hilo may, at its discretion, pay out the Reward to the Participant by cheque, bank transfer or any other method.

 

4.9 A Participant who has accepted all Hilo Challenges or who has declined five (5) or fewer proposed Hilo Challenges during a given Winter Period will receive $0.55 per kilowatthour saved during the reduction phases of the Hilo Challenges that were accepted during this Winter Period. No Rewards will be paid for Hilo Challenges that were declined.

 

4.10 A Participant who has declined six (6) to ten (10) 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 this Winter Period. No Rewards will be paid for Hilo Challenges that were declined.

 

4.11 If Hilo is unable to obtain the Dwelling’s energy consumption (for example, because the Smart Home Hub cannot communicate properly with the Hydro-Québec smart meter connected to the Service), Hilo may nonetheless invite the Participant to take part in Hilo Challenges; in such cases, the Reward will be calculated as follows:

4.11.1 Smart Solution for Heating: $0.40 for each 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.
4.11.2 Smart Solution for Water Heater: $0.40 for each connected water heater for every Hilo Challenge accepted.
4.11.3 Smart Solution for Electric Vehicle Charging: $0.40 for each connected charging station for every Hilo Challenge accepted.
For the purposes of calculating the Reward provided in section 4.11, only the Connected Devices participating in the Hilo Challenge for its entire duration will be considered. The Participant must therefore avoid withdrawing his or her Connected Devices before or during the Hilo Challenge through the Hilo mobile app or changing the Hilo Setpoints during the Hilo Challenge in order to maximize the amount of the Reward.

 

4.12 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 in that Winter Period, and the Agreement may be terminated as a result in accordance with section 9.2 of the Agreement. A refusal to participate in tests outside the Winter Period is not counted in the number of refusals to take part in a Hilo Challenge.

 

4.13 The number of refusals to participate in Hilo Challenges is reset to zero (0) at the beginning of each Winter Period.

 

4.14 If Hilo becomes aware that the Service or Dwelling has been manipulated 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 section 9.2.

 

4.15 Hilo has the right to offset amounts owed to it by the Participant against any amounts that Hilo may owe the Participant.

 

Energy savings not guaranteed

4.16 Hilo does not guarantee any energy savings or other benefits related to the use of the Service. Hilo is not responsible for an increase in an electricity bill given that the increase may be due to the weather, the Participant’s consumption habits, improper use of the Service or participation in Hilo Challenges.

 

5. Undertakings

 

5.1 The Participant’s undertakings are as follows throughout the entire term of the Agreement:

a) Notify Hilo’s customer service department of any change that may significantly impact the Dwelling’s electricity consumption during the term of the Agreement, for example, major renovation work or the addition or removal of an energy-hungry appliance;
b) Keep all information concerning the Participant’s account up to date, including all information regarding his or her Hydro-Québec account, email address and telephone number;
c) Maintain a high-speed Internet connection and have a functional wireless network (including Zigbee, WiFi or other wireless networks) covering all Connected Devices;
d) Refrain from uninstalling the Hilo mobile app;
e) Regularly update the Hilo mobile app;
f) Pay all amounts owing to Hilo. Hilo reserves the right to institute applicable legal proceedings to recover any outstanding amounts owed by the Participant;
g) Pay for electricity consumption related to the use of Connected Devices connected to the Hydro-Québec grid;
h) Refrain from interfering with the proper functioning of the Service;
i) Notify Hilo’s customer service department upon becoming aware of any error or irregularity concerning the Connected Devices, the Hilo mobile app or the Service; and
j) 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.

 

6. Use of the Service

 

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

a) Any commercial purposes;
b) Any illegal purposes;
c) Any use involving computer interference and that interferes with the security of the Connected Devices or their data, or that involves decoding of data.

 

6.2 Hilo is not liable (A) for any damage or inconvenience caused by (i) a Service malfunction that is not the result of its actions or the personal actions of its representative 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 mobile app, the Smart Home Hub and the Connected Devices or (B) if a Solution or a Connected Device is unable to participate in a Hilo Challenge due to a change that the Participant makes or causes to be made by a third party not authorized by Hilo to the settings and/or installation of such Hilo Solution or Connected Device. To this end, the Participant agrees not to modify the temperature of his or her water heater. The Participant understands that Hilo cannot guarantee that its participation in Hilo Challenges will never be interrupted, unavailable, inaccessible, unstable or limited.

 

6.3 The Participant must, at all times, follow the manufacturer’s recommendations and warnings concerning his or her water heater, and in particular concerning the recommended water temperature and cleanliness of the water in the water heater. It is not recommended to manually disconnecting the water heater for an absence of less than one week. It is recommended to wait at least 24 hours after the manual restart of the water heater before using hot water. At all times, it is important to avoid a hot water deficit. For more information on how the Hilo Smart Solution for Water Heater meets the water safety criteria, the Participant can visit the website hiloenergie.com.

 

6.4 In the Event that the Smart Home Hub is unable to connect to a Connected Device, including but not limited to Hydro-Québec smart meter, some of the functionality of the Service may not function properly, in whole or in part, including the instantaneous power reading of the Dwelling.

 

6.5 By agreeing to be bound by this Agreement, the Participant also agrees to be bound by the following documents (see hiloenergie.com):

 

7. Intellectual property and licence

 

7.1 All rights, titles and interests related to the Service, the Hilo mobile app and the website (including program code), as well as the Hilo brands and logo, are the property of 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 Hilo’s written authorization. This Agreement, the terms of use of the Hilo mobile app and website, and the Participant’s use of the Service do not confer upon or grant the Participant any rights whatsoever in any of Hilo’s intellectual property, other than as expressly provided in this Agreement.

 

7.2 On condition that the Participant respects this Agreement and the terms of use of the Hilo mobile app and website, the Participant will receive a non-transferrable, non-assignable, non-exclusive, revocable and free licence to download and use the Hilo mobile app, and access to the mobile app and website, exclusively for personal (residential) use. No other use is permitted.

 

8. Personal information

 

8.1 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.
 
8.2 Hilo takes all appropriate measures to ensure the security of data transmission between the Smart Home 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 of them and will inform the Participant of the applicable protective measures.
 
8.3 By using the Service, or by providing personal information, the Participant authorizes Hilo to contact him or her electronically about issues related to his or her use of this website, whether concerning security, administration or privacy.
 
8.4 All obligations concerning personal information remain in effect after the end of this Agreement.
 
8.5 During the term of the Agreement, the Participant authorizes Hilo to use his or her first and last names and contact information (address, telephone number and email address), including for the purpose of obtaining data from Hydro-Québec concerning the Participant’s actual electricity consumption during the twenty-four- (24) month period before the Agreement takes effect, and consumption during the term of the Agreement. The Participant also authorizes Hilo to validate information with Hydro-Québec, including the electricity rate associated with the Participant’s account, as well as the location, compatibility and number of the communicating meter. The Participant further authorizes Hilo to validate personal information with Hydro-Québec concerning the Participant’s account, including his or her account number, status as the person responsible for the account, address, telephone number, email address and type of home heating. In addition, the Participant authorizes Hydro-Québec to inform Hilo of any changes to this information throughout the term of the Agreement.
 
8.6 The Participant authorizes Hilo, its service providers and partners to use, for research and development purposes, the personal information listed in the previous paragraph, as well as data concerning the status, operation and controls of Connected Devices that have been installed, including data from these Connected Devices, data and statistics concerning the Participant’s use of the Hilo mobile app, as well as answers, comments and other information provided by the Participant, including as part of any exchange with Hilo concerning this Agreement.
8.7 The Participant authorizes Hilo to analyze the information or data collected in order to provide personalized advice and help the Participant consume more efficiently.
 
8.8 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.
 
8.9 The Participant understands that the personal information referred to in this Agreement will be handled by Hilo and by Hydro-Québec, if applicable, in accordance with legislation governing the protection of personal information.

 

9. Termination of the Agreement

 

9.1 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. In addition, the Participant will be responsible for paying the Credit balance in accordance with section 16 of this Agreement, where applicable.

 

9.2 Following the Initial Period, Hilo may unilaterally terminate this Agreement by advising the Participant in writing at least sixty (60) days in advance. The length of such advance notice will be fifteen (15) days if Hilo terminates the Agreement in any of the following cases:

a) The Participant declines a Hilo Challenge more than ten (10) times during a given Winter Period;
b) The Participant does not sufficiently reduce his or her electricity consumption during an accepted Hilo Challenge on several occasions, for example, by using energy-hungry devices such as household appliances, or consumes more than his or her reference consumption during Hilo Challenges that have been accepted or refused;
c) The Participant does not meet his or her undertakings as set out in this Agreement;
d) The Participant withdraws his or her consent to the terms set out in sections 8.3 to 8.8 of the Agreement concerning his or her personal information;
e) The Participant moves or in the event of his or her death, and no solution has been put into place in accordance with section 10 of the Agreement (Moving and transfer of the Agreement).

Where applicable, the Participant will be required to pay the Credit balance in accordance with section 16 of this Agreement.

 

9.3 Hilo may end this Agreement unilaterally without sending a prior notice to the Participant in any of the following cases:

a) Hilo is required to take immediate measures to protect its system or the system of one of its partners;
b) 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;
c) The Participant uses the Service, including the Connected Devices, in an illegal manner or contrary to applicable regulations.

Where applicable, the Participant will be required to pay the Credit balance in accordance with section 16 of this Agreement.

 

9.4 In the event of termination, the features of the Hilo mobile app will be deactivated. If the Participant has paid all amounts due concerning the Connected Devices (including the Credit, if applicable), the Participant will retain ownership of them.
 
9.5 The Participant’s consent to the provisions of sections 8.3 to 8.8 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 is entitled.
 
9.6 After a period of twenty-four (24) months following termination of this Agreement, Hilo reserves the right, without waiving any of its other rights, to cancel the Rewards to which the Participant was entitled for previous Winter Periods but that the Participant has not yet redeemed. Hilo will send a notice to the Participant thirty (30) days prior to the expiry of the Rewards.

 

10. Moving and transfer of the Agreement

 

10.1 If the Participant moves, he or she must advise Hilo’s customer service department at least thirty (30) days before the scheduled moving date. Subject to the above, Hilo 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. Where applicable, the Participant alone is responsible to Hilo for all obligations under this Agreement until the solution proposed by Hilo and accepted by the Participant has been fully implemented in accordance with Hilo’s instructions.
 
10.2 The Participant may not transfer this Agreement to a third party without notifying Hilo.
 
10.3 In the event of the Participant’s death, the Agreement may only be transferred to a third party living at the same address, with Hilo’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 succession or the heirs’ representatives, depending on the case, must complete the applicable form for transferring Hilo Rewards and provide a copy of the death certificate issued by the provincial government or the declaration of death issued by the funeral home.
 
10.4 The Participant may be charged a processing fee of fifty dollars ($50) plus tax for the solution agreed to with Hilo.

 

11. Term and effective date of the Agreement

 

Term of the Agreement

11.1 Subject to section 9 (Termination of the Agreement), the Participant undertakes to use each Hilo Solution he or she has acquired and to participate in the related Hilo Challenges for an initial period of three (3) years. The Agreement will be renewed for an indeterminate term unless the Participant or Hilo provides one (1) week’s prior written notice to the contrary.

 

Effective Date

11.2 This Agreement comes into force beginning on the Effective Date.

 

12. Amendment of the Agreement

 

12.1 During the Initial Period, subject to section 12.2, Hilo reserves the right to unilaterally amend the provisions of this Agreement from time to time, with the exception of section 1 concerning Service eligibility; sections 4.7 to 4.13 concerning the calculation of Rewards; and sections 11.1, 14.1 and 16 concerning the Initial Period, the cost of the Connected Devices and the Credit, respectively.
 
12.2 Hilo will provide the Participant with a written notice of amendments to provisions of this Agreement thirty (30) 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 Hilo’s obligations, and to terminate the Agreement by providing written notice to Hilo 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 amendment.
 
12.3 For any indeterminate renewal period concerning the Agreement, which is subject to the same notification procedure, Hilo also reserves the right to unilaterally modify the nature of the Service and the term of the Agreement.

 

13. Purchase of Connected Devices from Hilo

 

Order confirmation

13.1 Hilo may require additional information from the Participant before processing an order.

 

13.2 Receipt of an order confirmation from Hilo does not confirm the sale of Connected Devices in the order. Hilo cannot guarantee that the Connected Devices advertised on its website or by the customer service department will be available at the time the order is placed or afterward.
 
13.3 Hilo reserves the right to cancel an order and not process it, including after an order has been accepted, and in particular, without limitation, if the Connected Devices are not installed in the Participant’s Dwelling within forty-five (45) days following placement of the order and if Hilo is not responsible for the delay. In this case, Hilo will notify the Participant that the order has been cancelled and that no amount will be charged or a refund will be granted, as applicable.

 

Changes to an order of Connected Devices

13.4 A Participant who wishes to change an order before the scheduled installation date or shipping date must contact Hilo’s customer service department. Hilo reserves the right to refuse the Participant’s change request, in which case the order will be cancelled.

 

Order cancellation

13.5 A Participant may cancel an order at no charge up to three (3) business days before the scheduled installation time or shipping date.

 

13.6 If the Participant cancels the order less than three (3) business days before the scheduled installation time or at the time of installation, the Participant will be charged the lower of the following amounts to cover the Installer’s cancellation fee: fifty dollars ($50) or an amount equal to a maximum of ten percent (10%) of the price of the services set out in the Agreement that have not been provided.
 
13.7 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.

 

14. Billing

 

14.1 Unless otherwise indicated, prices for the Connected Devices shown 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 your cart on the Hilo website or, if you place your order by telephone, by the Hilo customer service agent, before the transaction is concluded. The Participant will receive an email confirmation following the transaction. After installation, an invoice itemizing the price, taxes and applicable charges to be paid, if any, will be emailed to the Participant. The order confirmation and invoice form an integral part of this Agreement. The Participant must pay all Hilo Smart Home Service costs indicated in the invoice.

 

15. Payment terms and conditions

 

15.1 All payments must be made by credit card (Visa or Mastercard). In some situations, and subject to applicable conditions, payment may also be financed by a Hilo partner.
 
15.2 Credit card purchases must be made through the Moneris secure online payment system in accordance with its terms of use. Payments made by credit card are subject to the approval of the financial institution that issued the credit card.
 
15.3 The financing option for the purchase of Connected Devices is fully administered by PayBright, which is a Hilo partner. Visit paybright.com for more information.
 
15.4 In all cases, the Participant has sole responsibility for the actual payment of the Connected Devices purchased for the Dwelling.

 

16. Credit

 

Calculation

16.1 At the time of purchase of a Hilo Solution or Hilo brand Smart Home Hub, as applicable, the Participant may be granted a Credit by Hilo. When purchasing a Hilo Solution, the Credit is calculated as follows: total value of the current selling price, established by Hilo, for the Connected Devices (included in the Hilo Solution) necessary for the Service; plus (+) the value of Hilo’s current selling price for the Hilo brand Smart Home Hub established by Hilo, if applicable; minus (-) the amount billed to the Participant before taxes and before any additional rebates offered during a temporary promotion at the time of the sale (if applicable). When purchasing a Hilo brand Smart Home Hub only, the Credit corresponds to the current selling price established by Hilo of such Smart Home Hub.

 

Credit balance

16.2 Hilo assumes the Credit in full as follows: the Credit balance decreases based on an equalized monthly discount over a period of thirty-six (36) months beginning on the order date. The Credit balance will be updated in the Participant’s account. The Participant may obtain his or her Credit balance by contacting Hilo’s customer service department.

 

Participant’s payment of the Credit balance

16.3 If this Agreement is terminated in accordance with section 9, the Credit balance (calculated in accordance with sections 16.1 and 16.2 above) will become immediately due and payable by the Participant on the effective date of termination.

 

17. Requirements concerning Hilo Solutions

 

17.1 For the Smart Solution for Heating, the Dwelling must have electric heaters controlled by connected thermostats throughout the entire Agreement.
 
17.2 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 Hilo website) throughout the entire Agreement.
 
17.3 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 Hilo website) throughout the entire Agreement.
 
17.4 If the Participant purchases Connected Devices from a third party, additional requirements or restrictions may apply. Hilo has no control over the requirements or restrictions of these third parties and cannot be held liable if the Participant is unable to access the Hilo Solutions due to such requirements or restrictions.

 

18. Installation of Connected Devices purchased directly from Hilo

 

18.1 If the Installer is designated by a third party affiliated with the Service, it is the Participant’s responsibility to be aware of the terms and conditions related to the installation carried out by such a third party. It is also the Participant’s responsibility to accept such terms and conditions if the Participant is in agreement with them.

 

18.2 Hilo will contact the Participant to schedule installation of the Connected Devices after the order is confirmed.
 
18.3 In all situations, if a Connected Device cannot be installed on the scheduled installation date, except for a reason attributed to Hilo’s own actions or those of its representative, that Connected Device will be removed from the order. The amount to be paid as well as the Credit and discounts related to the number of Connected Devices purchased, as applicable, will be updated in the invoice to reflect only the Connected Devices actually installed.
 
18.4 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 section 17 of this Agreement, this Connected Device will be added to the order. The amount to be paid as well as the Credit and discounts related to the number of Connected Devices purchased, as applicable, will be updated in the invoice to reflect only the Connected Devices actually installed.
 
18.5 All Connected Devices forming part of the Hilo Smart Home Service requiring an electrical or plumbing connection must be delivered and installed by an Installer. The Installer 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.
 
18.6 Hilo will not be required to install the Connected Devices if the Installer observes any of the following (as applicable) upon arriving at the Dwelling:

18.6.1 The Dwelling’s physical, electrical or plumbing installations do not allow for the safe installation of the Connected Devices or access to the Connected Devices is difficult;
18.6.2 The physical, electrical or plumbing installations must be modified in order to install the Connected Devices according to industry practices and their intended use, and in compliance with all applicable laws and regulations;
18.6.3 The Dwelling’s light fixtures, electric water heater, heating devices and electrical outlets have not been installed, or they are not functional or accessible;
18.6.4 The Dwelling’s lighting, heating and electric circuits are not supplied from the electrical panel;
18.6.5 The devices supplying water to the Dwelling and the water heater have not been installed or are not functional or accessible;
18.6.6 Access to the electric water heater is difficult, or it is located in a small space or in a crawl space;
18.6.7 The Participant or the Dwelling does not meet the conditions of this Agreement.

 

18.7 Without limiting the scope of the above paragraph, Hilo may terminate the Agreement pursuant to section 9.2 of the Agreement and charge the Participant one hundred and fifty dollars ($150) for the Installer’s travel costs.

 

Participant’s presence during installation.

18.8 The presence of the Participant, or his or her Designated Representative, is required during installation of the Connected Devices when performed by an Installer designated by Hilo.
 
18.9 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.
 
18.10 Hilo will not install any Connected Devices in any of the following situations:

18.10.1 The Participant is absent and has no Designated Representative;
18.10.2 The Participant or the Designated Representative does not have a smart mobile device, the smart mobile device is uncharged or is not functional;
18.10.3 The Hilo mobile app has not been downloaded to the smart mobile device or, if downloaded, is not functional.

 

18.11 In any of these situations, the purchase of the Connected Devices will be honored, but installation will be postponed and the Participant may be charged one hundred and fifty dollars ($150) to cover the Installer’s travel costs. Hilo may also invoice the Participant for the cost of any additional installation services provided and work performed.

 

18.12 The Participant authorizes Hilo or any person duly authorized by Hilo to enter the Dwelling on the days and at the times agreed upon to test or make improvements to the Connected Devices, and to install, replace, repair, modify or remove the Connected Devices. In cases where the Installer cannot access the Dwelling or the Connected Devices, the Participant may be charged one hundred and fifty dollars ($150) to cover the Installer’s costs.

 

18.13 The Installer and the Participant undertake to comply with all applicable public health measures and guidelines during installation and any subsequent visit.

 

Minor work, liability and warranties

18.14 Installation of the Connected Devices requires minor work such as drilling holes and placing screws. Hilo will not carry out any restoration work after installing the Connected Devices. However, when the installation is done by Hilo, Hilo will repair any damage that may be caused by the Installer’s fault or negligence during installation of the Connected Devices. If the Participant does not own the premises where the Hilo Solutions and Connected Devices must be installed, the Participant confirms that he or she has obtained the prior consent of the owner of the premises concerning installation of the Hilo Solutions and Connected Devices.

 

GLOSSARY

Agreement: These Conditions of 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 mobile app and the 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 Hilo. The complete, detailed list of compatible Connected Devices is available at hiloenergie.com.

Credit: A monetary benefit in the form of a partial rebate calculated in accordance with section 16.1 of this Agreement and granted by Hilo to the Participant in consideration of the Agreement.

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

Dwelling: The home where the Service is installed.

Effective Date: Date on which the Connected Devices or the Smart Home Hub only are ordered from Hilo. If the Participant has not ordered any Connected Devices or the Smart Home Hub from Hilo, then the Effective Date is the date of subscription 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 and/or shift energy consumption out of the peak period.
A Hilo Challenge may occur in the morning, in the evening, or both. Additional information about Hilo Challenges is available at https://www.hiloenergie.com/en-ca/help-center/hilo-challenges/how-it-works/whats-a-hilo-challenge/ .

Hilo Setpoints: Automatic settings, actions and setpoints (including the temperature setpoints of connected thermostats or the activation and/or deactivation of the electric water heater’s load control device or maximum power setpoint for the charging station) programmed by Hilo during a Hilo Challenge.

Hilo Solution: The Smart Solution for Heating, the Smart Solution for Water Heater or the Smart Solution for Electric Vehicle Charging, also referred to collectively as the Hilo Solutions if more than one Hilo Solution is concerned.

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

Initial Period: Period of three (3) years provided for in section 11.1 and beginning on the Effective Date.

Installer: A qualified electrician, qualified plumber, qualified refrigeration mechanic or any other qualified installer under applicable laws, depending on the case. The Installer is designated by the entity responsible for the installation, that is, depending on the case, 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 a with a delay, the power consumption of the Connected Devices concerned, through an algorithm in the Connected Devices.

Participant: The customer, that is, the person to whom Hilo provides the Service.

Reward: Amount of money offered by Hilo to the Participant based on his or her 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 Hilo, 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 participating in the Hilo Challenge;
  • Number of Connected Devices during participation in the Hilo Challenge throughout its duration;
  • Number of Hilo Challenges the Participant has accepted during a Winter Period;
  • Effort to reduce electricity consumption of devices not included in a Hilo Solution;
  • The weather, the Participant’s consumption habits or incorrect use of the Service.

Service: All products and services provided by Hilo as part of the Hilo Smart Home Service. The Service allows Participants to 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 under this Agreement.

As part of the Service, the Participant can monitor electricity consumption, manage and monitor the 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. Hilo will determine the payment method. Rewards will be paid at the end of each Winter Period only.

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

Smart Solution for Electric Vehicle Charging: Home automation solution developed by Hilo and 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: Home automation solution developed by Hilo and consisting of various Connected Devices, including connected thermostats allowing the electricity consumption of a Dwelling’s heating system to be managed and monitored through the Smart Home Hub and Hilo mobile app.

Smart Home Hub: Device that centralizes and manages all Connected Devices in the Dwelling. The Smart Home Hub must be compatible with the Service and may be provided by Hilo or a third party approved by Hilo. A single Smart Home Hub is required to obtain the Service.

 

Smart Solution for Water Heater: Home automation solution developed by Hilo and consisting of various Connected Devices, including a load control device, and plumbing equipment allowing the energy consumption of a Dwelling’s electrical water heater to be managed and monitored through the Smart Home Hub and the Hilo mobile app. The Hilo Smart Solution for Water Heater does not include the electric water heater. The Participant must have a compatible water heater.

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

If you have any questions concerning this Agreement, please contact Hilo’s customer service department: