Thank you for your interest in participating in the Massachusetts EV Off-Peak Charging Program (the “Program”) that is being offered by the program partner(s) Massachusetts Electric Company or Nantucket Electric Company, each  d/b/a National Grid (individually and collectively, “National Grid”) and EV.ENERGY CORP. (“ev.energy”).  

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 Policy referenced below, please click the “Deny” button below and delete this mobile application.  

1. Program.  The Program encourages eligible National Grid Customers (“Customers”) to voluntarily shift their electric vehicle (EV) charging towards designated off-peak time periods by providing an EV off-peak charging rebate, described in Section 1. The software through this mobile application will collect charging data to calculate the EV off-peak charging rebate (“Service”).

This Program will provide an EV off-peak charging rebate for eligible National Grid customers receiving retail electric delivery service on the Company’s Regular Residential Rate R-1 or Residential Low-Income Rate R-2 service tariffs (“Customer”). Customers may earn financial rewards from National Grid for joining the Program provided that the Customers follow the Program requirements including correctly connecting their EV, EV Level 2 charging stations and/or Level 1 equipment and sharing their data with National Grid and ev.energy. Customers may also receive rebates for charging their EVs during designated off-peak time periods. 
 
In addition to the EV off-peak charging rebate, as part of the Program, National Grid may offer an enhancement to the Program in which Customers allow the Program to automatically schedule their EV charging during designated off-peak time periods. Participation in this enhancement part of the Program shall be subject to additional eligibility requirements and subject to additional terms and conditions, which will be provided at the time the enhancement of the Program is introduced.  Customers who are enrolled in or participate in the National Grid Connected Solutions EV Demand Response program will not be eligible to participate in the Program and/or be eligible for any financial incentives. 

2. Customer Requirements.  To enroll in the Program, the Customer must, at minimum, have an eligible EV or smart charger, must have access to a dedicated parking space within National Grid’s service territory and be a National Grid electricity supply customer.  See program website at [ngrid.com/chargesmart-ma] for a current list of eligible EVs and home chargers. In some cases, the Customer vehicle Original Equipment Manufacturer (“OEM”) may require the Customer to purchase a subscription or pay a fee to activate the vehicle’s telematics function. These costs will be borne by the Customer and not by National Grid. 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) Customer’s paid subscription to telematic service packages offered by some OEMs.  ev.energy’s ability to connect to the supported EVSEs is dependent on (i) EVSE server uptime; and (ii) stability of the Customer’s home Wi-Fi used to connect the EVSE to the cloud.  

Customer acknowledges and confirms that any information or response they will provide in the mobile application (such as their  name, e-mail, home address, vehicle make/model, and EV charger type) is accurate and will remain updated throughout their participation in the Program.   

Customers are eligible to enroll up to two compatible electric vehicles or one compatible charger for a single home charging location and receive an incentive for each participating vehicle or charger for that location.

3. Disclaimer.  National Grid makes no representations or warranties as to the effectiveness of the Service to reduce Customer’s charging costs or reduce emissions.  Further, National Grid makes no representations, express or implied, regarding the reliability, performance, or operation of the Service.

4. ev.energy Terms of Use and Privacy Policy.  In order to participate in the Program, Customer must agree to the Terms of Use and Privacy Policy of ev.energy.  The policies may be found at https://ev.energy/terms-of-use/ and https://ev.energy/privacy-policy/ and may be updated from time to time.  The Service is owned and operated by ev.energy.  National Grid makes no representations or warranties regarding the Service and disclaims all liability resulting from Customer’s use of the Service.  

5. Term.  National Grid anticipates that this Program will continue through September 30, 2024.  Customers may choose to leave the Program for any reason at any time by providing notice to National Grid and ev.energy of such termination by writing to evnationalgrid@nationalgrid.com and chargesmartMA@ev.energy, respectively.  National Grid may terminate a Customer’s participation in the Program if a Customer no longer meets the eligibility requirements set forth in this Agreement, or if National Grid determines, in its sole judgment,  that a Customer is no longer actively participating in the Program.  National Grid reserves the right to modify or terminate this Program, in whole or in part, including the offering of the Program enhancement, at any time and for any reason, without prior notice. 

6. Indemnification.    Customer agrees to defend, indemnify, and hold harmless National Grid, its 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 Customer’s use of the Service and/or participation in the Program except to the extent that any Claims arise from the negligence of National Grid.  

7. Collection and Use of Customer Data.  Customer consents to ev.energy accessing and using Customer’s utility data and billing data.  Additionally, Customer consents to National Grid and ev.energy, and their respective agents, accessing data from the Customer’s connected hardware (vehicle telematics and/or smart charger), including but not limited to vehicle make/model, charger make/model, charger serial number, vehicle battery level, plug-in/unplug times, start/stop times of charging sessions, kWh of energy consumed, vehicle location and similar data (“Collected Data”) and sharing aggregated and anonymized Collected Data with each other for purposes of administering off-peak rebates and evaluating the Program.  

8. Customer Feedback and Data Collection.  Customer will cooperate in good faith with National Grid or its authorized representative in performing evaluation, measurement, and verification (EM&V) of the Program.  National Grid will use Collected Data to evaluate the Program and for future planning purposes, including, but not limited to, assessing customer experience, measuring potential retail bill savings to customers, avoiding energy supply costs to National Grid, and reducing emissions.  Additionally, National Grid may request that Customers complete surveys during and after the conclusion of the Program.  National Grid may use and publicize anonymized quotes from Customer surveys in promotional materials.

9. Assignment.  This Agreement is personal to Customer.  Customer may not assign or transfer rights or delegate obligations under this Agreement.

10. Law and Venue.  This Agreement shall be interpreted and enforced in accordance with the laws of the State of Massachusetts without reference to its principles on conflicts of laws.