Energy Savers Home Manager Terms of Participation

By submitting this Application, you indicate your understanding of the qualifications necessary for enrollment in the Program and that you agree to the following terms of participation once qualified for participation in the Program:

1. You authorize CPS Energy and authorized contractors to install certain hardware (including embedded software and communications equipment) on and at the residence specified in the Application including but not limited to, application software, gateways, meters, smart relays (device controllers) and wireless thermostats (collectively, the "Program Equipment").

2. You grant CPS Energy and authorized contractors the right to enter and access the exterior and interior of the residence and to take all necessary actions in order to install, maintain and monitor the Program Equipment. Neither CPS Energy, nor authorized contractors, will enter or access the interior of your residence without first notifying you and obtaining permission from you.

3. You understand that CPS Energy shall own and possess full right and title in and to the Program Equipment and that your sole interest in such Equipment is only a right to designate settings for the Equipment as outlined in the user guide.

4. You grant CPS Energy and authorized contractors permission to control, during periods of peak electric usage and other critical circumstances, the settings and operation of your electric appliances such as the air conditioner(s), water heater(s) and other applicable appliances based on the Program parameters found in the user guide.

5. You give CPS Energy permission to collect, store and use customer information and data provided by you or generated by the Program Equipment, such as energy usage and demographics ("Program Content"), in its discretion consistent with CPS Energy privacy and information security policies.

6. You agree to not misuse the Equipment, to take reasonable precautions to protect the Equipment from loss or damage, and to promptly report any such damages or loss to CPS Energy once noted. You understand that the Program Equipment is not guaranteed to operate under the following conditions: a) misuse or acts intended to bypass or disrupt normal operation and maintenance of the Program Equipment in accordance with the user guide, b) normal wear and tear, c) damage due to power surges or outages, d) Acts of God, e) intentional damage, or e) use for purposes other than as intended pursuant to the Program requirements.

7. You expressly understand and agree that except for damages caused by CPS Energy's gross negligence or willful misconduct, CPS Energy's liability specifically excludes all losses of all types including but not limited to property damage, bodily injury, third party liability or any other claim, cost or expense directly or indirectly arising out of, resulting from, misuse, theft or vandalism of the Equipment by you or any third party, interruption or loss related to moisture intrusion, mildew, fungus, spores, or mold of any type, nature, or description and that CPS Energy shall not be liable for any direct, indirect, special, incidental or consequential damages of any nature, including, but not limited to (a) damages relating to the use or distribution of the Program Content, (b) damages from the installation or removal of the Equipment, (c) damages from the introduction of computer viruses, or (d) damages caused by interruption, termination, or failed operation of your appliances, utilities or telecommunication services.

8. You certify that you are the owner of the residence and not a lessee or tenant.

9. You agree that the term of your participation in the Program shall begin on the date the installation of the Program Equipment is initiated (or "begins") and shall continue for twelve (12) months thereafter. You will be automatically renewed in the Program every twelve (12) months unless your participation is terminated by you or CPS Energy. You may terminate at any time without liability by giving CPS Energy 30 days notice at or (210) 353-4511. Upon your termination, CPS Energy reserves the right to remove or disconnect the Equipment and/or replace the meter with CPS Energy's standard meter at whereupon all Program services to you shall cease. Your participation in the Program shall automatically cease if you move or transfer your service from the Program address.

10. You understand that CPS Energy may terminate your participation for your violation of any of the terms of participation found in this Application.

11. You understand that CPS Energy may make modifications to the terms of Program participation at any time in its sole discretion.

12. You understand that you may not assign or transfer your obligations and rights under this Program to anyone else without CPS Energy's prior written consent.

13. You understand that CPS Energy will communicate to you over phone, mailings and email regarding your participation in the Program, including, but not limited to: Program information, Program terms of participation, and requests for Program participation feedback.