Thank you for your interest in participating in the (SmartCharge New York Program) SCNY (the"Program") that is being offered by the program partner (Orange and Rockland Utilities) ORU and Consolidated Edison Company of New York (CECONY).
Your participation in the Program is completely voluntary and expressly conditioned on your acceptance of this Participation Agreement ("Agreement"). Therefore, if you do not agree with any of the terms and conditions under this Agreement, including the Privacy Policies referenced below, please do not download the ev.energy mobile app or enter the SCNY referral code into the app.
1. Voluntary Participation
2. Overview of the Program
The Program encourages eligible EV drivers ("Participants") to voluntarily shift their electric vehicle (EV) charging towards designated off-peak time periods by providing incentives described on the Con Edison website at https://www.ConEd.com/SmartCharge for any Participant charging in the Con Edison service territory (excluding commercial vehicles charging at wholesale rates), and on the O&R website at www.oru.com/SmartChargefor any Participant charging in the O&R service territory (excluding all commercial vehicles). Ev.energy is the administrator of the Program. Among other things, the ev.energy software application will collect charging data to calculate the incentives due to Participants in accordance with the requirements of the Program (the "Service"). Beginning January 1, 2023, Participants may earn financial incentives from the Program Sponsors for joining the Program provided that Participants follow the Program requirements, including correctly connecting their EV or smart charging station hardware (“Connected Hardware”) and consenting to sharing their data with the Program Sponsors and ev.energy. Participants may also receive incentives for charging their EVs during designated time periods.
The Program Sponsors may offer enhancements to the Program from time to time. Participation in enhancements to the Program may be subject to additional eligibility requirements and subject to additional terms and conditions, which will be provided at the time the enhancement is introduced.Con Edison electric customers on a Residential or Small Business Time of Use (TOU) rate in service class I or II will not be eligible to earn incentives in the Con Edison service territory.
Con Edison electric customers with commercial vehicles charging at wholesale rates will not be eligible to earn incentives in the Con Edison service territories.
O&R residential customers must take electric service on a SC1 tariff in order to participate in the Program, and in no events will a Participant be eligible for incentives for charging in the O&R service territory if charging a commercial vehicle. Said another way, EV drivers who are not O&R residential customers cannot earn incentives in the O&R service territory if the vehicle is registered to a business.
3. Participant Requirements
PARTICIPANTS IN THE PROGRAM MUST BE AT LEAST 18 YEARS OLD.Therefore, if you are not at least 18 years old, then please do not participate in the Program. Participants agree to not participate in the Program in any way that is illegal, fraudulent or abusive, including to harass, threaten, abuse, defame or slander any individual.
To enroll in the Program, you must, at minimum, have a supported EV with functional onboard telematics using a 4G or 5G modem or supported smart charging station. See Program website at https://www.ev.energy/scny/faq for a current list of supported EVs and smart charging stations. In some cases, the vehicle Original Equipment Manufacturer ("OEM") may require you to (i) activate the vehicle’s onboard telematics function and/or (ii) purchase a subscription or pay a fee to activate and/or maintain the vehicle's onboard telematics function. These costs will be borne by you and not by the Program Sponsors. ev.energy's ability to connect to the supported vehicles is dependent on (i) OEM server uptime; (ii) stability of the internet connection in the vehicle's telematics platform; and (iii) a Participant's paid subscription to telematic service packages required by some OEMs. ev.energy's ability to connect to supported EV charging stations is dependent on (i) smart charging station server uptime; and (ii) the stability of the internet connection used to connect the charging station to the cloud. Participant acknowledges and confirms that any information or response provided in the ev.energy software application (such as their name, e-mail, home/business address, primary charging location, vehicle make/model/trim/year, and charging station information) is accurate and will remain updated throughout their participation in the Program.
4. Disclaimer; Limitation of Liability
The Program Sponsors and ev.energy make no representations or warranties as to the effectiveness of the Service to reduce Participant's charging costs or reduce emissions. Further, the Program Sponsors and ev.energy make no representations, express or implied, regarding the reliability, performance, or operation of the Service.
Participant agrees that to the fullest extent permitted by law, neither ev.energy nor the Program Sponsors, nor any of their parents, subsidiaries, affiliated entities, employees, officers, directors, agents, or representatives, successors or assigns or any of them (collectively, the “program operators”) will be liable for any indirect, incidental, punitive, special or consequential damages whatsoever, including, without limitation, loss, damage or injury to persons or vehicles or other property, in connection with, arising from of or related to this agreement, even if a program operator has been advised of the possibility of such damages. This limitation and waiver will apply regardless of the theory of liability. Participant also agrees that in no event shall the program operators be responsible for problems, damages or losses caused by participant, third parties, or by an act of God.
The Con Edison Privacy Statement is available at https://www.coned.com/en/conedison-privacy-statement and reflects further information on how Con Edison collects and may use and share your information, including any of the above-described data and information that Con Edison receives about you in connection with your participation in SmartCharge New York.
The O&R Privacy Statement is available at https://www.oru.com/en/privacy-statement and reflects further information on how O&R collects and may use and share your information, including any of the above-described data and information that O&R receives about you in connection with your participation in SmartCharge New York.
The Service is owned and operated by ev.energy. The Program Sponsors each make no representations or warranties regarding the Service and disclaims all liability resulting from Participant's use of the Service.
Con Edison anticipates that the Program will continue through December 31, 2025. Participants may choose to leave the Program for any reason at any time by providing notice to Con Edison and ev.energy of such termination by writing to SCNY@ev.energy. Con Edison may terminate a Participant’s participation in the Program if a Participant no longer meets the eligibility requirements set forth in this Agreement, or if Con Edison determines, in its sole judgment, that a Participant is no longer actively participating in the Program. Con Edison reserves the right to modify or terminate this Program, in whole or in part, at any time and for any reason, without prior notice.
Participant agrees to defend, indemnify, and hold harmless ev.energy and either or both Con Edison and O&R, and each of its and their members, officers, officials, agents, and employees, from and against any and all loss, liability, expense, claims, suits, and damages, including attorneys' fees ("Claims") to the extent arising out of or resulting from Participant's use of the Service and/or participation in the Program except to the extent that any Claims arise from the negligence of the Program Sponsors.
8. Collection and Use of Participant Data
Participant is responsible for notifying everyone who owns or uses (as a driver or a passenger) the EV in which the information will be collected and available to participant, the Program Sponsors and ev.energy. By participating in the Program, Participant represents that Participant has the consent of the registered vehicle owner and the users of each EV enrolled in the Program and that Participant, the Program Sponsors and ev.energy are permitted to view and use the data and information collected.
9. Participant Feedback and Data Collection
Participant will cooperate in good faith with the Program Sponsors or its and their authorized representative in performing evaluation, measurement, and verification of the Program. The Program Sponsors will use Collected Data to evaluate the Program and for future planning purposes, including, but not limited to, assessing Participant experience, measuring potential savings to Participant, avoiding energy distribution and/or supply costs to the Program Sponsors, and reducing emissions. Additionally, The Program Sponsors may request that Participants complete surveys during and after the conclusion of the Program. The Program Sponsors may use and publicize anonymized quotes from Participant surveys in promotional materials.
This Agreement is personal to Participant. Participant may not assign or transfer rights or delegate obligations under this Agreement. The Program Sponsors and ev.energy are permitted to assign this Agreement, in whole or in part, to any person, at any time, and without notice to you.
Participant is responsible for paying all taxes, if any, associated with receipt of incentives or any other thing of value in connection with the Program.
12. Entire Agreement
This Agreement (including any other documents or policies incorporated by reference) constitutes the entire agreement between Participant, on the one hand, and the Program Sponsors and ev.energy, on the other hand, with respect to the Program and supersedes all prior or other arrangements, understandings, negotiations and discussions, whether oral or written, with respect to the subject matter of this Agreement.
13. Waiver/ Severability
No waiver of any provision of this Agreement shall be deemed or constitute a waiver of any other provision of or any subsequent breach of this Agreement. No waiver shall be valid unless made in a writing signed by the party granting the waiver. If any provision in this Agreement is declared invalid or unenforceable, then such provision shall be severed from the remainder of this Agreement, which will otherwise remain in full force and effect.
14. No Third-Party Beneficiaries
This Agreement is for the benefit of ev.energy and the Program Sponsors and each and their respective successors and assigns with respect to Participant’s obligations under this Agreement and for Participant’s benefit with respect to Participant’s rights under this Agreement. There are no other third-party beneficiaries under this Agreement and this Agreement will not be deemed to confer upon or give to any other person any claim or other right or remedy.
15. Law and Venue
This Agreement shall be interpreted and enforced in accordance with the laws of the State of New York without reference to its principles on conflicts of laws.