Terms and Conditions of AutoGrid Flex Saver’s Program In California

As of December 15, 2023

Thank you for your interest in AutoGrid Systems, Inc. (“AutoGrid”) FlexSaver programs in California (“Program”). These Terms and Conditions (“Terms”) apply to our Program in the territories served by Pacific Gas & Electric (PG&E). By signing up to participate in the Program using the methods described below, you agree to these Terms and Conditions.

1. Program Eligibility:

You must meet the following eligibility requirements to participate in the Program:

  • You must be an electricity account holder of PG&E(“IOU”1 or your “Utility”) on a residential rate for the duration of the Program.
  • Customers of Community Choice Aggregators (CCAs) with the exception of or Sonoma Clean Power (SCP) are also eligible.2
  • Customers of municipal utilities or electric cooperatives, such as LADWP, SMUD, MID, Anza Electric, or GWP, are not eligible.
  • You must be at least eighteen (18) years old.
  • This option is not available to customers that are on a Medical Baseline discount.
  • Your utility service account must be serviced by an IOU-approved smart meter (“Smart Meter”) that provides 15 minutes interval data. If your electricity meter has been replaced since January 2009 with a digital meter, it is likely a smart meter.
  • If you are enrolled in another third-party Demand Response (DR) program, or any other similar IOU program, we will inform you and ask you to withdraw from the other program or withdraw your registration from our Program.
  • If you have a permanently-installed backup generator that uses diesel, natural gas, gasoline, or propane you must inform AutoGrid in writing of its make and model.
  • In some cases, we may ask you to share your meter data with AutoGrid which will be used as detailed in our privacy policy available here: https://www.auto-grid.com/privacy-policy/. In this case, we will provide you an online process for making that approval. More information about this is detailed in Section 24 of this document.
  • You must comply with the Terms for the duration of the Program.

AutoGrid will make a final determination of your eligibility to participate in the Program at its sole discretion.

2. Methods of Participation

You may use your existing smart device (“Device”) which is connected to your home WiFi or purchase one in our marketplace which is then installed and connected to your home WiFi, or participate without the use of a Device as described below. The following types of Device are currently supported in this Program:

  • Smart thermostats
  • Residential EV Chargers
  • Residential batteries
  • Electric or heat pump water heaters.
  • Electric Vehicles

Please visit www.autogridflexsaver.net/devices for the most up to date list of brands that are currently supported.

If you are participating in the Program without any Device, AutoGrid will contact you to manually reduce your electricity usage by participating in a program known as Behavioral Demand Response (“BDR”).

3. Incentive Payments

All incentive payments (“Rewards”) will be made in the form of an electronic gift card. The electronic gift cards will be accepted in any e-commerce site in the US. The amount, timing, and frequency of payment depends on the participating Device as detailed in Sections 6 through 14 below. The terms of service for the gift cards are available online: https://www.tangocard.com/legal/terms-of-service. Please allow 4 to 6 weeks for processing your registration and payment.

If you suspend or terminate your participation in the Program for any reason during the Term, including by disconnecting your Devices, you will be ineligible to receive any accrued or subsequent Rewards.

AutoGrid reserves the right to make changes to the Rewards from time to time. In such cases, you will be notified via email at the address on file with AutoGrid and will have the option to terminate your participation.

4. Communication with you and your Device

Occasionally AutoGrid will communicate with your Device in order to temporarily reduce the associated electricity use (hereby referred to as “Event”). After the Event is over, AutoGrid will return your Device to its normal setting. Exact details, including Rewards and our schedule of notifications depend on your Device, are detailed below. The times during which this occurs are referred to as “Events” or “Power Hour”.

If you are a BDR participant, not using any smart devices, AutoGrid will contact you via email or smart phone text messages to manually reduce your electricity usage. Example ways to manually reduce your electricity usage are listed here: www.autogridflexsaver.net/pgec/bdr/tips. Exact details including Rewards and our schedule of notifications are detailed below.

When you provide us with a mobile phone number, you are giving us express written consent to use that number to communicate with you via text messaging for the purpose of alerting you of each Events’ schedule start time and end time. You may revoke this consent at any time by any reasonable method. Your consent to be contacted by us is not required in order to participate in our programs.

5. Term

You agree to allow AutoGrid to coordinate with you and, as applicable, the manufacturers of your Device(s), to access personally identifiable information to remotely control your Device(s) from the date you join the Program until Dec-31-2025 (the “Term”). You agree to keep your Device(s) operational and connected to the wireless network of your residence during the Term at your sole cost and expense.

6. Using Smart Thermostats to Join this Program
  1. Incentive - You will receive a $50 e-gift card when you sign up into this Program with an eligible smart thermostat as listed here www.autogridflexsaver.net/devices. Or, for those living in hot climate zones, you will receive a discount of up to $110 to purchase a new smart thermostat not exceeding the cost of the smart thermostat. If you purchase a smart thermostat but do not register and connect it to your WiFi and register the smart thermostat with this Program within 60 days, then your credit card will be charged for the $110 discount. Once you have registered your smart thermostat with this Program, you will receive an additional $35 e-gift card each March that you remain in the Program. For those who enroll with existing smart thermostat, AutoGrid will offer a $200 monthly giveaway each month during the Term. Please see additional information on the giveaway in Section 13 of this document below.
  2. Program Parameters - Your smart thermostat will be remotely accessed no more than 15 times per year between May-1 and October-31 of each year; only on non-holiday weekdays, between the hours of noon and 9 PM. The duration of each Event is 4 hours or less. There will be no more than 3 Events in any given week. Your temperature setting will be adjusted 2 to 4 degrees above normal setting during each Event and will return to normal after each Event.
  3. Notifications - You will be notified between 10 minutes to 60 minutes before the start of each Event except in cases of a grid emergency as declared by an IOU. The notification will be via the smart thermostat’s smart phone app and/or via the smart thermostat’s display.
  4. Opting Out - You have the option to not participate in all of the Events.
7. Using Residential EV Chargers (EVSE) to Join this Program
  1. Incentive - You will receive a $50 e-gift card when you sign up into this Program with an eligible residential EV charger as listed here www.autogridflexsaver.net/devices. Or you will receive a discount of up to $25 to purchase a new residential EV charger. If you purchase an EV charger but do not connect it to your WiFi and register the EV charger within 30 days, your credit card will be charged for the $25 discount. Once you have registered your EV charger, you will receive an additional $10 e-gift card each month that you participated in an Event. Participating in an Event means AutoGrid has noticed a reduction in energy usage at the registered meter during the Event Hours. Lastly, AutoGrid will offer a $200 monthly giveaway each month during the Term. Please see additional information on the giveaway in Section 13 of this document below.
  2. Program Parameters - Your EV charger will be remotely accessed no more than 15 times per year between May-1 and Oct-31 of each year; only on non-holiday weekdays, between the hours of noon and 9pm. The duration of each Event is 4 hours or less. There will be no more than 3 Events in any given week. During each Event, your charger will be lowered to deliver no more than 1 kW of power to your EV. In addition, AutoGrid will collect information such as charging status, charging rate, charging duration, total energy used, plug status (plugged in or not plugged in) each day during the Term. All such data is subject to our privacy policy: auto-grid.com/privacy-policy.
  3. Notifications - You will be notified via your car charger’s smartphone app and/or via an email from AutoGrid.
  4. Opting Out - You have the option to not participate in all of the Events.
8. Using Residential Batteries to Join this Program
    Battery programs are not currently available.
9. Using your EV (not the charger) to Join this Program
  1. Incentive - You will receive a $200 e-gift card when you sign up into this Program with an eligible electric vehicle (“EV”) as listed here www.autogridflexsaver.net/devices. Once you have registered your EV, you will receive an additional $10 e-gift card each month that you participate in an Event. Participating in an Event means AutoGrid has noticed a reduction in energy usage at the registered meter during the Event Hours. Lastly, AutoGrid will offer a $200 monthly giveaway during the Term. Please see additional information on the giveaway in Section 13 below.
  2. Program Parameters - The charging rate of your EV will be modified no more than 15 times per year between May-1 and October-31 of each year; only on non-holiday weekdays, between the hours of noon and 9 PM. The duration of each Event is 4 hours or less. There will be no more than 3 Events in any given week. During each Event, your EV will stop charging and then restart once the Event has ended. In addition, AutoGrid will collect information such as charging status, charging rate, charging duration, total energy used, plug status (plugged in or not plugged in), and EV’s location during each charging session each day during the Term. All such data is subject to our privacy policy: auto-grid.com/privacy-policy.
  3. Notifications - You will be notified via an email from AutoGrid when an Event has been scheduled.
10. Using your Heat Pump Water Heater to Join this Program
  1. Incentive - You will receive a $20 e-gift card when you sign up into this Program with an eligible heat pump water heater (“HPWH”) as listed here www.autogridflexsaver.net/devices. Once you have registered your HPWH, you will receive an additional $10 e-gift card each March that you remain in the Program as follows: If you register in 2022 you will receive a $20 e-gift card within 4 to 6 weeks from time of device registration and your $10 e-gift card incentive will be sent on March-2023, March-2024, and March-2025 (total of $50). If you register in 2023, you will receive a $20 e-gift card within 4 to 6 weeks of device registration and will receive your $10 e-gift card incentive on March-2024 and March-2025 (total of $40). Lastly, AutoGrid will offer a $200 monthly giveaway during the Term. Please see additional information on the giveaway in Section 13 below.
  2. Program Parameters - Your HPWH will be remotely accessed no more than 15 times per year between May-1 and October-31 of each year; only on non-holiday weekdays, between the hours of noon and 9 PM. The duration of each Event is 4 hours or less. There will be no more than 3 Events in any given week. During each Event, your HPWH will stop heating and then restart once the Event has ended.
11. Using your Electric Water Heater to Join this Program
  1. Incentive - You will receive a $40 e-gift card when you sign up into this Program with an eligible electric resistance water heater (“ERWH”) as listed here www.autogridflexsaver.net/devices. Once you have registered your ERWH, you will receive an additional $20 e-gift card each March that you remain in the Program as follows: If you register in 2022 you will receive a $40 e-gift card within 4 to 6 weeks of ERWH registration and your $20 e-gift card incentive will be sent on March-2023, March-2024, and March-2025 (total of $100). If you register in 2023, you will receive a $40 e-gift card within 4 to 6 weeks of ERWH registration and will receive your $20 e-gift card incentive on March-2024 and March-2025 (total of $80). Lastly, AutoGrid will offer a $200 monthly giveaway during the Term. Please see additional information on the giveaway in Section 13 below.
  2. Program Parameters - Your ERWH will be remotely accessed no more than 15 times per year between May-1 and October-31 of each year; only on non-holiday weekdays, between the hours of noon and 9 PM. The duration of each Event is 4 hours or less. There will be no more than 3 Events in any given week. During each Event, your ERWH will stop heating and then restart once the Event has ended.
12. Join this Program Without Using a Smart Device- Behavioral Demand Response (BDR)
  1. Program Parameters : AutoGrid will contact you via email and/or SMS, depending on your preferences, to manually reduce your home’s electric usage no more than 20 times per year between May-1 and October-31 of each year; only on non-holiday weekdays between the hours of noon and 9 PM. The duration of each Event is 4 hours or less. There will be no more than 3 Events in any given week.
  2. Incentives : If you participate in the Program via Behavioral Demand Response (BDR), you will receive $20 to sign up, $1 per kWh reduced during events as described below and will be paid once a year in the form of an electronic gift card. Event performance and incentive will be calculated against your historical energy use. To qualify for incentives, your data must show a net energy reduction compared to your historical energy use per California requirements. More details are in Section 15 below.

In addition, AutoGrid will offer a $200 monthly giveaway each month during the Term. Please see additional information on the giveaway in Section 13 below.

13. Additional Giveaway Information

Each eligible participant will be entered in a monthly giveaway to win a $200 electronic gift card. Monthly giveaway will be determined on a calendar month basis. Odds of winning are subject to the number of entries, (by way of example, if 1,000 entries are received by calendar month end, then the odds will be 1:1,000). Only one prize will be awarded per monthly period. NO PURCHASE OR PAYMENT NECESSARY. VOID WHERE PROHIBITED. PG&E customers who do not formally enroll in FlexSaver Behavioral Demand Response (BDR) may also still enter in the monthly giveaway by sending a handwritten postcard or letter to AutoGrid’s office with the following information:

  • Name
  • PG&E account address
  • Email address
  • State: “I intend to enter the monthly giveaway for FlexSaver.”

Mail to 255 Shoreline Dr #350, Redwood City, CA 94065. Cost of postcards and postage is the customer's responsibility. Mail entries are limited to 40 entries each year, matching the maximum number of annual demand response events in the program, provided that AutoGrid will not accept bulk-mailed, commercial mailing, mass mailing postcards or letters. Postcards are only valid for the monthly drawing in the month in which it was received. Limited to customers of PG&E. By entering into the giveaway or submitting a mail entry, you consent to be contacted by email at the address provided.

Giveaway winners will be randomly selected monthly in the subsequent month and notified by email. The $200 electronic gift card then will be processed and sent within a month of notification. If a winner does not confirm acceptance of the prize within ten calendar (10) days of email notification, that winner will be disqualified and an alternative winner selected. If the alternative winner does not respond within ten calendar (10) days of email notification, then there is no monthly winner for that month. Winners are responsible for all taxes incurred in connection with the prize awarded. AutoGrid reserves the right to modify, cancel or terminate this giveaway at any time.

Employees of AutoGrid who are a Director or higher will not be entered into the drawings.

14. Combining Multiple Programs

You may combine or participate in any two or three programs and combine the financial Rewards EXCEPT:

  • You may NOT participate in the Behavioral Demand Response (BDR) program if you participate in any other program.
  • You may participate in either the EV Charger (EVSE) program or the EV program (not both).
15. Calculating Net Energy Reduction

As noted above, certain incentive calculations rely on net energy reduction. Following California regulations, the net energy reduction is calculated by comparing the actual energy usage during Power Hour with the baseline energy usage at your residence. In order to calculate the baseline, the 10 prior days are used as follows: first, the 5 highest usage days in the 10 prior days are selected. Second, the 5 days are averaged. This average is the baseline energy usage. For more information, please visit Section 17 of the CPUC ruling here. If for any Power Hour net energy usage is zero or negative, you will not be counted as a participant for that Power Hour.

16. Credits

You acknowledge that AutoGrid may receive all credits, rebates, environmental attributes, or other payments or offsets (the “Benefits”) that are attributable to the Program. All Benefits will be the sole property of and transferable by AutoGrid.

17. Participation Costs

There is no charge to participate in the Program. You are responsible for all taxes incurred with the issuance of the Rewards under the Program.

18. Program Withdrawal

You may withdraw enrollment at any time without financial penalty by contacting AutoGrid at 888-292-0502 or email flexsaver@uplight.com. Please include your name, street address and utility account number when requesting to unenroll by email.

19. Share My Data (also known as Rule 24 or Green Button Data)

We may ask you to share your meter data with AutoGrid using PG&E’s Rule 24 process. During this process you will log into your Utility’s website using your login and your password in order to permit your Utility to share your meter data with AutoGrid and any of its subsidiaries.

More information about this process is available from the California Public Utilities Commission (CPUC):

20. Termination

You agree that AutoGrid may suspend this Program or terminate your participation in its Program at any time at our discretion. You will be notified of the termination by email.

21. Communications

You agree to accept all notices and communications relating to the Program and you participation in the Program through electronic communication. You are responsible for keeping your email address updated with AutoGrid by emailing customer support at flexsaver@uplight.com or by calling 1-888-292-0502. In the event that your email address has changed, is not functioning properly, or is no longer valid, you might not receive Program communications.

22. Disclaimer

AutoGrid makes no representations or warranties with respect to the Program or AutoGrid’s services hereunder, and AutoGrid expressly disclaims any and all representations and warranties, express or implied, with respect to the same, including, without limitation, merchantability and fitness for a particular purpose or the amount of Rewards that you may earn. You participate in the Program at your sole risk. AutoGrid may update these terms and conditions from time to time without any prior notice.

23. Indemnity; Limitation of Claims

Except to the extent prohibited under applicable law, you hereby release AutoGrid and its affiliated entities and their respective directors, officers, employees, and representatives (collectively, the “Indemnitees”) from, and agree to defend, indemnify and hold harmless the Indemnitees from and against, all claims, damages, losses, costs and expenses (including attorneys’ fees) arising out of your participation in the Program, Data collected form your Device or any violation of these Terms . AutoGrid reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with AutoGrid’s defense of those claims.

You must contact AutoGrid within one (1) year of the date of the occurrence of the event or facts giving rise to a dispute, or you waive the right to pursue any claim based upon such event, facts or dispute.

24. Data Usage and Disclosure

By participating in the Program, you are permitting and instruct AutoGrid to access, collect and share data about you and your account and from your Devices (“Data”) with your Utility. This Data may include but is not limited to your name, email, address, Utility account information, energy usage and telemetry. Any data that is personally identifiable will be used in accordance with our privacy policy available here: https://www.auto-grid.com/privacy-policy/

You also agree that AutoGrid may use Data for the following purposes (in each case to the extent permitted by applicable law): (1) to operate, maintain, provide, and enhance the Program; (2) for AutoGrid’s internal purposes, including, without limitation, research and development, improvement of AutoGrid’s product and service offerings, and creation of new product and service offerings; (3) to customize content and communications AutoGrid may provide to customers; and (4) for other purposes so long as the Data does not contain personally identifiable information (including where Data has been deidentified).

AutoGrid will not disclose Data to any third parties other than in furtherance of the above purposes and in the following circumstances: (1) where the Data does not contain personally identifiable information (including where Data have been deidentified); (2) in order to provide AutoGrid products or services to you (including working with third-party service providers who may assist AutoGrid in collecting, hosting, maintaining, analyzing, or otherwise processing Data for AutoGrid); (3) if required to do so by any law or regulation, in response to a court order, judicial or other government subpoena or warrant, or to otherwise cooperate with law enforcement or other governmental agencies; (4) if AutoGrid believes, in good faith, disclosure is appropriate or necessary to (a) take precautions against its own liability, (b) protect AutoGrid or others from fraudulent, abusive, or unlawful uses or activity, (c) investigate or defend against any third-party claims or allegations, (d) protect the security or integrity of AutoGrid’s services and any facilities or equipment used to make such services available, or (e) protect AutoGrid’s property or other legal rights (including, but not limited to, enforcement of AutoGrid’s agreements), or the rights, property, or safety of others; (5) to AutoGrid’s assignees, affiliates, actual or prospective lenders, financing parties, investors, insurers, and acquirers; (6) disclosure to contractors, service providers, and other third parties AutoGrid uses to support its business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which AutoGrid discloses it to them; and (7) for any purpose for which you have provided your express consent.

25. Waiver

By accepting these Terms and Conditions, you hereby waive the right to a trial by jury or to participate in any class action or representative proceeding, and you agree that any dispute, claim or controversy arising out of or relating to these Terms and Conditions or the breach, termination, enforcement, interpretation or validity thereof.

26. Attorneys’ Fees and Costs

If either you or AutoGrid initiates any legal proceeding to enforce its rights under these Terms , the prevailing party shall be entitled to an award of reasonable attorneys’ fees, reasonable expert fees, and costs and expenses actually incurred.

27. Governing Law

These Terms are governed by and construed under the laws of the State of California, U.S.A., without regard to its principles of conflicts of law, and regardless of your location. You and AutoGrid hereby submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Los Angeles County, California for resolution of any lawsuit or court proceeding permitted under these Terms.

28. Changes to These Terms and Conditions

These Terms are subject to change based on AutoGrid’s sole discretion. You will be notified using your email on record of any such changes.

29. Trademark Notices

FlexSaver is a trademark of AutoGrid, Inc. Other trademarks are used for referential purposes and do not suggest or imply that the trademark owners are affiliated with or endorse AutoGrid or the Program.

Google Nest is a trademark of Google LLC

ecobee is a registered trademark of ecobee Inc. Ltd

Sensi is a trademark and service mark of Emerson Electric Co.

ChargePoint is a registered trademark of ChargePoint, Inc.

SolarEdge Technologies Inc. All Rights Reserved

1. IOU refers to Investor Owned Utility

2. Complete list of CCAs is available here: https://cal-cca.org/about/members/