SCE SIDER Terms

SCE & Optiwatt Customer Participation Agreement (“Terms”)

SIDER (Stability Improvement with DERs)

​​Thank you (“You,” “Your”) for your interest in Southern California Edison Company’s (“SCE”) SIDER (Stability Improvement with DERs) Electric Program Investment Charge (“EPIC”) demonstration project (the “Study”), offered in conjunction with Optiwatt (“Vendor”). The Study is designed to evaluate the performance, customer engagement, and operational integration of behind-the-meter distributed energy resource (“DER”) technologies, including electric vehicles (“EV”) and electric vehicle supply equipment (“EVSE” or “EV Charger”). EV Charger is inclusive of Vehicle to Grid (“V2G”)-related equipment. The goal of the Study for SCE is to generate insights into the technical feasibility, customer experience, and potential grid value of these technologies when used in combination. The findings of the Study will inform SCE and the California Public Utilities Commission (“CPUC”) of potential future program development.

The Study is open to all SCE residential customers who own or lease a battery electric vehicle that is charged at home. Participation is subject to Your agreement to be bound by these terms and conditions with SCE and Vendor, and both SCE and Vendor are relying on Your commitments to these Terms. ​PLEASE READ THESE TERMS CAREFULLY, INCLUDING THE MANDATORY ARBITRATION PROVISION IN SECTION 11 WHICH REQUIRES THAT DISPUTES BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS, NOT A CLASS-WIDE OR CONSOLIDATED BASIS. IF YOU DO NOT WISH TO BE SUBJECT TO ARBITRATION, YOU MAY OPT OUT OF THE ARBITRATION PROVISION BY FOLLOWING THE INSTRUCTIONS PROVIDED IN SECTION 11 BELOW. 

As part of the Study, Optiwatt will work with a range of technology providers—including EV manufacturers, EV charger manufacturers, and EV/EVSE integrators to enable customers to optimize their device usage, provide charging or discharging measurements, and respond to dynamic electric grid signals.

In order to enroll in the Study, please review these Terms and indicate Your understanding and agreement ​​​​by checking the appropriate box titled “I agree to the terms and conditions”. By checking the box and enrolling in the Study, You acknowledge that You have read these Terms and agree to be legally bound by them. After reviewing Your application, Optiwatt will notify You by email if You qualify for the Study. The date that Optiwatt provides You notice of Your acceptance into the Study is Your “Enrollment Date”. 

If you were auto-enrolled in this program, then your continued enrollment indicates Your understanding and agreement with these Terms , and You acknowledge that You have read these Terms and agree to be legally bound by them.
  

1. Eligibility

To be eligible to participate in the Study, You must meet the following criteria, as determined by Optiwatt and/or SCE in their sole discretion:

1. You must own or lease an EV, and/or a Level 2 (240V) or higher EV Charger installed in the participant’s residence.     

2. You must complete a Study application at https://optiwatt.com/ and be selected by Optiwatt, in its sole discretion, to participate in the Study or you have been auto-enrolled as a prior user of the Optiwatt platform in Southern California Edison Company’s service territory.

3. You are over 18 years of age, have the necessary legal capacity to enter into these Terms.

4. You must provide accurate and complete information as part of Your participation in the Study, including Your home address, EV and EV Charger make/model, and SCE retail meter number. Neither SCE nor Optiwatt is responsible for any harm caused by any misstatements, misrepresentations, or missing information provided by You.

5. You must be a residential customer of SCE, and Your EV must be associated with Your residence.

6. If required by the device manufacturer or Vendor, You agree to download and maintain any required software applications, comply with provider-specific terms and conditions, and fulfill any additional technical or eligibility requirements needed for Study participation.

7. You agree to Optiwatt’s Terms of Service and Privacy Policy.

8. You agree to these Terms and to actively participate in the Study as described herein.

9. You agree to maintain any subscription or connectivity services necessary to enable Study participation at no cost to Optiwatt. These may include services to enable communication between Optiwatt and Your device(s).

10. You are responsible for maintaining in working order any applicable enrolled equipment, including EV charging equipment.

11. You are responsible for ensuring Your home address is equipped with suitable electric connection and is not at risk of exceeding maximum amperage rating by joining the Study.  If a household connection constraint is breached as the result of device smart control, You are solely liable.

12. Participation in this Study is contingent upon not being concurrently enrolled in, or actively participating in, any other study, incentive, or offering deemed disqualifying by SCE in its sole discretion. SCE reserves the right to determine, at any time and without prior notice, whether Your participation in another enrollment conflicts with this Study’s eligibility requirements, which renders You ineligible for participation in this Study. 

Optiwatt and/or SCE may immediately terminate Your participation in the Study for any reason or no reason, including should You fail to meet any of the above Study Eligibility requirements at any time. Upon termination, You shall have no recourse to SCE or Vendor for any payments, and SCE and Vendor disclaim responsibility for ensuring that Your data or enrollment information is sufficient to determine Your eligibility for any upfront incentive(s) or final incentive(s), if any.

2. Device Scheduling. As part of the Study, control schedules may be communicated to Your enrolled technologies (e.g., EVs, EV Chargers). These schedules are designed to optimize energy usage and are customized based on a variety of factors, including Your preferences, grid needs, the operational status of Your enrolled devices, and applicable rate structures. Schedules may include charging      instructions and limits prior to or during events.

3. Overriding Options. The Study allows You to override Vendor-issued control schedules at any time. Whether You override or cancel a charge or discharge event, or choose to charge Your EV immediately, You maintain the ability to opt out of a specific event or schedule with no penalties. There is no limit to the number of overrides permitted during the Study.

4. Remote Control Authorization. By accepting these Terms, You grant Optiwatt permission to remotely communicate with and control Your enrolled devices for the purposes of implementing optimized schedules, including automated EV charging/discharging. You acknowledge that Optiwatt may work with third-party technology providers (“Third Party Providers”) to enable Study participation. These include the original equipment manufacturers (“OEM”) of Your enrolled devices, and third-party service providers that facilitate secure data and control access to certain OEM platforms. By enrolling in the Study, You expressly authorize these Third-Party Providers to access, control, and process data from Your enrolled devices on behalf of Optiwatt.  The actions of Third-Party Providers are governed by the same Study objectives and safeguards by Optiwatt described in these Terms.  These actions of Vendors and Third-Party Providers will be performed in accordance with the Study objectives, but You retain the ability to override Vendor’s controls at any time. 

5. Bill Impacts. Optiwatt does not guarantee that Your participation in this Study will result in a decrease—or prevent an increase—in Your electricity bill. The Study is designed to optimize the operation of enrolled technologies in ways that support grid reliability. Under normal circumstances, participation should not materially increase Your electricity usage or cost, particularly since the Study does not require changes to Your electric rate plan and primarily intends to reduce charging or importing of energy during times of high grid usage when energy costs are high. However, electricity bill impacts can vary depending on a variety of factors outside the Study’s control, including but not limited to Your existing device usage patterns, energy rate structures, and home energy behaviors. While the Study aims to minimize bill impacts, there may be limited or unforeseen circumstances under which participation could lead to an increase in Your electricity costs. By enrolling, You acknowledge that any bill changes—whether positive, negative, or neutral—are not guaranteed and that Optiwatt and SCE are not responsible for any resulting changes to Your energy bill. 

6. Waiver of Guarantee.​ Neither Optiwatt nor SCE can guarantee or ensure the performance, availability, or outcome of Your enrolled technologies–including the state of charge of Your EV. For example, Optiwatt and SCE do not guarantee that Your EV will reach a full or desired state of charge, or that it will be sufficiently charged by the time You intend to use it. 

Device performance is dependent upon several factors, including but not limited to: when and how You charge Your devices, the configuration and compatibility of Your equipment, Your internet or network connectivity, the state of the power grid, and the effectiveness of Study-initiated schedules or signals. You are solely responsible for ensuring that Your enrolled devices are operating in a manner consistent with Your personal needs, and for taking any manual or override action required to meet those needs. 

7. Study Term, Termination, and Withdrawal from the Study. 

1. Subject to this Section 7, Optiwatt anticipates the Study will continue through June 2027. SCE may adjust the duration of the Study based on participation, technical performance, or other operational factors. Optiwatt or SCE may discontinue the Study at any time and for any reason. SCE may also extend the duration of the Study at its discretion by notifying You. If the Study is terminated early, Optiwatt will provide You with at least thirty (30) days’ advance notice.  In the event the Study is discontinued or terminated early for any reason, You will not receive any final incentives set forth in these Terms, if any. 

2. You may withdraw from the Study at any time without penalty. If You want or need to withdraw from the Study, including for the permanent move of an EV such that the registered home address for such EV is now outside the Study territory, You agree to notify Optiwatt immediately​. In the event Optiwatt becomes aware of a change of ownership of an enrolled EV or the permanent move of an EV such that the registered home address for such EV is now outside the Study territory without first hearing from You, You will be deemed to have withdrawn from the Study.

4. If You withdraw from the Study, fail to adhere to these Terms, fail to meet the Study requirements set forth herein, or if Optiwatt discovers any tampering to any enrolled technology, Optiwatt shall have the right to terminate Your participation in the Study immediately, and/or immediately advise the technology Provider to stop sending signals related to the Study to Your enrolled technologies. 

8. Changes and Limitations. The Study and these Terms are subject to change by Optiwatt and/or SCE at any time. The Study and these Terms are subject to change by Vendor and/or SCE at any time. Any material changes will be communicated to You by Vendor email using the email address provided by You.. 

1. ​​Optiwatt reserves the right to modify any and all Optiwatt incentives and rewards based on future performance, Study modifications, technology upgrades, and changes to SCE’s electrical distribution system. Any such changes will be communicated to You by Optiwatt email using the e-mail address provided by You.​

2. You agree not to tamper with any enrolled device or its associated data. You also agree to take reasonable steps to prevent unauthorized access or interference by others. If Optiwatt or any associated device provider detects or suspects tampering or manipulation of equipment or data, You may be removed from the Study at Optiwatt’s sole discretion. 

3. You agree to indemnify, defend, and hold harmless Optiwatt and SCE from any and all claims, damages and liability caused by Your fault or negligence, or Your failure to comply with the Terms. If Optiwatt or SCE is made a party (without fault on its part) to any lawsuit or arbitration started by or against You, You agree to indemnify, defend, and hold Optiwatt and SCE harmless, and to pay all costs, expenses and reasonable attorneys’ fees incurred or paid by Optiwatt or SCE in connection with such lawsuit or arbitration. You also agree to pay all costs, expenses and reasonable attorneys’ fees that Optiwatt or SCE may incur or pay in enforcing the Terms.

4. YOUR PARTICIPATION IN THE STUDY IS ENTIRELY VOLUNTARY. NEITHER Optiwatt NOR SCE ASSUMES ANY RESPONSIBILITY OR LIABILITY FOR THE PERFORMANCE, AVAILABILITY, OR CONDITION OF YOUR ENROLLED DEVICES—INCLUDING YOUR ELECTRIC VEHICLE AND EV CHARGER—AT ANY GIVEN TIME. THIS INCLUDES, BUT IS NOT LIMITED TO, THE STATE OF CHARGE OF YOUR EV OR BATTERY, YOUR ABILITY TO USE ANY DEVICE AS INTENDED, OR ANY DAMAGES TO OR INCURRED BY YOU OR YOUR DEVICES RESULTING FROM PARTICIPATION IN THE STUDY. Optiwatt AND SCE MAKE NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED REGARDING YOUR PARTICIPATION IN THE STUDY, OR THE RESULTS THEREOF. IN NO EVENT, WHETHER BASED IN CONTRACT, INDEMNITY, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL Optiwatt OR SCE BE LIABLE TO YOU, YOUR SUCCESSORS, HEIRS, OR ASSIGNS, FOR DIRECT, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS OR REVENUE, AND IN NO EVENT SHALL Optiwatt’S OR SCE’S LIABILITY ON ANY CLAIM OF ANY KIND, OR FOR ANY LOSS OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH OR RESULTING FROM THE STUDY, THESE TERMS, OR FROM PERFORMANCE OR BREACH THEREOF, EXCEED THE TOTAL AMOUNT OF THE Optiwatt INCENTIVES PAID TO YOU DURING YOUR PARTICIPATION IN THE STUDY.  THIS WAIVER ON YOUR PART EXTENDS TO ANY AND ALL CLAIMS, INCLUDING ANY UNKNOWN CLAIMS ENCOMPASSED BY CALIFORNIA CIVIL CODE § 1542.

5. If You are dissatisfied with the Study, any of the Terms, or believe Optiwatt or SCE has breached these Terms in any way, Your sole and exclusive remedy is to disenroll and withdraw from the Study, which You may do at any time pursuant to Section 7 of these Terms.  

9. Your Data and Confidential Information. Participation in the Study involves SCE and Optiwatt having access to certain of Your personally identifiable information and energy use data, including but not limited to, Your name, address, energy usage, utility account numbers, interval usage data, billing information, meter information, EV and/or EV Charger information, data generated during Participant’s enrollment in the Study, and other personal information, collectively referred to as “Confidential Information”. Pursuant to SCE’s Privacy Notice (available at www.sce.com/privacy), SCE generally does not sell or disclose Your personal information—including Your name, address, phone number, and electric account or billing information—to third parties without Your authorization. By enrolling in this Study, You acknowledge and authorize SCE to share Your Confidential Information with Optiwatt for the purposes of administering and optimizing the Study. Once Your data is shared with Optiwatt, SCE is not responsible for any subsequent use or disclosure of Your information by Optiwatt [or any Third Party Providers]. You are responsible for addressing with Optiwatt directly regarding its safeguarding of Your personal information from further disclosure without Your consent. SCE and Optiwatt may use Your Confidential Information in order to (a) operate, administer, market, evaluate, analyze change or improve the Study, (b) prepare and present general, aggregated or anonymized results and information about the Study to CPUC (c) understand and evaluate Your habits and to inform the development of utility programs and load planning. You hereby release, hold harmless, and indemnify SCE from any liability, claims, demands, causes of action, damages, or expenses resulting from: 1) any release of information to Optiwatt pursuant to these Terms; 2) the unauthorized use of this information by Optiwatt; and 3) from any actions taken by Optiwatt, pursuant to these Terms. In addition, You authorize SCE and Optiwatt, and their employees and representatives, to use and exchange the Confidential Information to administer the Study and in accordance with Optiwatt’s Customer Privacy Policy [https://optiwatt.com/privacy] and SCE’s Customer Privacy Policy (https://www.sce.com/privacy). Even though those policies are separate documents from these Terms, they are incorporated by reference and considered part of these Terms. You further authorize SCE and Optiwatt to provide any Confidential Information to the California Public Utilities Commission upon its request or as otherwise required by law. Provided the Confidential Information is anonymized and does not contain any of Your personally identifiable information, such anonymized information may be used or disclosed by SCE publicly without the need for Your consent.  

10. Governing Law and Forums.​ These Terms are governed by the laws of the State of California (without regard to conflicts of law principles) for any dispute between You and Optiwatt and/or SCE arising out of or relating to the subject matter of these Study Terms. Any suit or legal proceeding must be submitted to arbitration per Section 11 below.  In the event that the arbitration requirement is ruled unenforceable, any suit or legal proceeding brought in a court must be exclusively brought in the federal or state courts for Los Angeles County, California, and You submit to this personal jurisdiction and venue. 

11. Arbitration Provision. Please read this part carefully because it means You are agreeing that any unresolved dispute between You and Optiwatt or You and SCE (or between You and both Optiwatt and SCE) will not be decided by a judge or jury in a public courtroom, but instead by a single arbitrator in a private arbitration. If You have a dispute arising out of or relating to any aspect of the relationship between You and Optiwatt, Inc. or its affiliates (which we call “Optiwatt”) and/or between You and Southern California Edison Company or its affiliates (“SCE”), please send an email to [e-mail] (for Optiwatt) describing Your dispute and how You would like it resolved. If it is not resolved within 60 days from the date of Your email, You agree that Your dispute can only be resolved by a single arbitrator in an arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. This includes claims arising before You enrolled in the Study (such as claims related to statements Optiwatt made about the Study). Optiwatt and/or SCE (as applicable) will pay all AAA fees for any arbitration, which will be held in the city or county of Your legal residence. To learn more about the Rules and how to begin an arbitration, You can call any AAA office or go to www.adr.org. The arbitrator can only resolve disputes between You and Optiwatt and SCE, and cannot consolidate claims from others without consent from You, Vendor, SCE and the others. You can only bring claims in arbitration against Optiwatt and/or SCE in Your individual capacity and not as a plaintiff or class member in any class or representative action (and the same is true for Optiwatt and SCE). If a court or arbitrator decides that any part of this agreement to arbitrate cannot be enforced as to a specific claim for relief or remedy (such as what lawyers call “injunctive” or “declaratory” relief), then that claim or remedy (and only that claim or remedy) will be carved out of the arbitration and can be filed in court; all other claims must be arbitrated. If You prefer, You can take Your individual dispute to a small claims court instead. If You don’t want to agree to arbitration, You can "opt out” of arbitration by sending us a letter within 30 days after enrolling in the Study. Please send the letter to Optiwatt, Inc.; 2261 Market Street STE 93233, San Francisco, CA 94114 USA, and/or Southern California Edison Company Attn: Claims Department, P.O. Box 900, Rosemead, CA 91770, and include Your name, this Study description, and a statement explaining Your desire to opt out of arbitration. If You do not opt out, Your agreement to arbitrate overrides any different arbitration agreement between us.

12. Study Communication.​ You consent to receive communications from Optiwatt relating to the Study in electronic form sent to Your email address and phone number provided during enrollment. You expressly consent to receiving calls and messages, including SMS messages (including text messages) from Optiwatt, its affiliates, marketing partners, agents and other calling at their request or on their behalf, at any telephone numbers that You have provided or may provide in the future (including any cellular telephone numbers). Your cellular or mobile phone provider will charge You according to the type of plan You carry.​ 

13. General Terms. 

1. Entire Agreement. These Terms are the entire agreement between SCE, Optiwatt and You concerning the Study, and they supersede any prior or contemporaneous negotiations or agreement, whether oral or written, related to this subject matter. You are not relying on any representation concerning this subject matter, oral or written, not included in these Terms. No representation, promise, or inducement not included in these Terms is binding. Optiwatt reserves the right to update these Study Terms from time to time. Optiwatt may provide prior notice to You before such terms take effect, but Optiwatt is not obligated to do so. 

2. No Assignment. These Terms may not be assigned by You without Optiwatt’s and SCE’s prior written consent.    

3. Severability and Waiver. If any provision herein is invalid or unenforceable, the remaining provisions will remain in full force and effect. The failure of any party at any time to insist upon the strict performance of any or all of the terms, conditions, and covenants in these Terms shall not be deemed a waiver by that party of any subsequent breach or default in the said terms, conditions, or covenants by the other party(ies). 

4. Survival. Termination in the Study will not affect the obligations and rights under these Terms which are intended to survive such termination.

5. Force Majeure. No party is liable for its non-performance due to events beyond its reasonable control, including but not limited to natural weather events and disasters, labor disruptions, and disruptions in the supply of electric utilities.

6. Feedback. If You provide Optiwatt with feedback or suggestions about the Study, then Optiwatt and/or SCE may use such information without obligation to You.