Participation Terms and Conditions


Thank you for your interest in participating in the Pacific Gas and Electric Company (“PG&E”) SmartAC Smart Thermostat Pilot (“Pilot”) implemented by Uplight, Inc. (“Uplight”) on behalf of PG&E. These Pilot Participation Terms and Conditions (these “Terms”) are a legal agreement (Agreement) between you and PG&E governing your participation in the Pilot.


Clicking [“I AGREE”] in the Pilot's Online Store or by otherwise participating in the Pilot, you (“Participant”) are agreeing to be bound by these Terms.


  1. The Pilot. The Pilot is open to PG&E-selected Participants with a central air conditioner and a WiFi-enabled smart thermostat (“Device”) which will be remotely controlled by Uplight during the Demand Response (DR) season for a SmartAC event (“Event”) and daily time of use (TOU) (if applicable) as defined below. PG&E will use each Pilot Participant’s SmartMeter data and/or thermostat telemetry to measure performance across the Pilot. Eligible Participants who enroll in the Pilot are eligible for incentives as outlined in section 7 of these terms.
  2. Participant Eligibility. PG&E shall determine in its sole discretion Participant’s eligibility which must include:
    1. Participant receives electric service on a residential rate.
    2. Participant has a PG&E SmartMeter.
    3. Participant is not on Medical Baseline or Life Support rates.
    4. Participant has an eligible Wi-Fi-enabled Device. Eligible Device models may change from time to time and will be listed on the website at pge.com/sacthermostat.
    5. Participant has a central air conditioning unit that needs to operate during DR season, from at least 4-9 pm.
    6. Participant is not enrolled in any other PG&E, DR, Community Choice Aggregator (CCA), or third-party DR program and must enroll to participate in the Pilot through Nest or Ecobee (subject to their application terms) or through Emerson.
    7. Participant, prior to participating in the Pilot, obtains permission from the landlord or property owner.
    8. Participant must provide the contact information required to receive Pilot communications.
  3. Participant Device Control Requirements. Participant agrees and grants PG&E and Uplight remote access to control Participant’s enrolled Device to enable Uplight, during an Event, to automatically change the Device’s temperature setpoint for the Pilot. The Device does not need any manual intervention by Participant. Adjusted Device temperature setpoints remotely done by Uplight may be manually overridden at any time by Participant.
  4. Pilot Enrollment Period. Participants will receive an email confirmation of their enrollment in the Pilot which shall continue through October 31, 2023, unless extended terminated sooner as provided in these Terms (“Pilot Enrollment Period”). Participant must be continuously enrolled in the Pilot between June 1st and October 31st (each a “DR Season”), for any given year, to be eligible for the year end incentive.
  5. SmartAC Events. Events where Participant’s Device temperature will be remotely adjusted by Uplight include, but are not limited to, maintaining system integrity, CAISO emergencies, Flex Alert days, insufficient system generation to meet anticipated system load during the DR Season, within the hours of 12:01 PM and 9:00 PM.
  6. Optional Time of Use Optimization.
    1. Ecobee customers in the Ecobee app can have their Device automatically programmed for their TOU rate, change or opt-out.
    2. Emerson customers may also opt-in to TOU optimization, which will be operated by Uplight according to the customer’s TOU rate plan schedule. Customers can opt-out of TOU optimization by contacting (844) 923-0176 or emailing support@SmartACpge.com.
    3. Nest does not offer TOU optimization.
    4. PG&E does not guarantee Participant cost savings and will not cover any costs incurred due to the Participant’s TOU optimization.
  7. Pilot Incentives.
    1. One-Time Participant Enrollment Incentive. Eligible participants that have not received a One-Time Participant Smart Thermostat Rebate will receive a one-time $75 incentive upon confirmation of enrollment in the Pilot (the “One-Time Participant Enrollment Incentive”).
    2. One-Time Participant Smart Thermostat Rebate. Eligible participants will receive a one-time $70-$120 rebate upon purchase of a new smart thermostat from the Pilot’s Online Store, subject to availability of funding (“One-Time Participant Smart Thermostat Rebate”). Participants who receive a One-Time Participant Smart Thermostat Rebate will not be eligible for a One-Time Participant Enrollment Incentive.
    3. Pilot Enrollment Period Incentives. Participants who continue to participate in the Pilot until October 31st, for any given year, will receive a $25 year end incentive.
  8. Communications. Participant agrees to provide and maintain valid email address for Pilot communications, accepts responsibility for the receipt of these communications and any consequences of not receiving them. To opt out of receiving these emails call (844) 923-0176 or email support@SmartACpge.com. It may take up to 10 days to take effect.
  9. Participant Device Data and Other Information. Participant authorizes PG&E and Uplight to access and/or will provide Participant’s personal identifiable information, energy usage data, utility account number, and any other Device data or information generated and arising from Participant’s participation during the Pilot Enrollment Period to carry out the Pilot’s purpose and as required to be disclosed to the California Public Utilities Commission request.
  10. Personal Non-Commercial Use. The Pilot is offered ONLY for personal non-commercial premises.
  11. Costs. PG&E and Uplight are not responsible for providing the equipment or other requirements necessary to participate in the Pilot, i.e. the Devices, Internet access, or covering any added costs, if any, to Participant’s electric bills. Participant may be responsible for the purchase price less available rebate, shipping, and handling costs incurred from purchasing an eligible smart thermostat from the Pilot’s Online Store.
  12. No Warranty; Disclaimer. PG&E and Uplight expressly disclaim all warranties of any kind relating to the Pilot, whether express, implied or statutory (including, without limitation, any implied warranties for conditions or merchantability, fitness for a particular purpose, title, non-infringement or misappropriation of intellectual property rights.
  13. Limitation of Liability. To the fullest extent permitted by applicable law, under no circumstances shall Uplight or PG&E be liable for any indirect, incidental, special or consequential damages, arising in connection with the Pilot. If Participant is dissatisfied with the Pilot, any of these Terms, or believes Uplight or PG&E has breached these Terms in any way, Participant’s sole and exclusive remedy is to discontinue participation in the Pilot.
  14. Pilot Participation Termination.
    1. Termination By PG&E. PG&E has the sole discretion to terminate the Pilot, or Participant’s participation in the Pilot, at any time without cause by providing Participant written notice.
    2. Termination by Participant. Participant may terminate their enrollment in the Pilot at any time for any reason by calling Uplight at (844) 923-0176 or sending an email to support@SmartACpge.com. As such, Pilot participation is completely voluntary, and Participant can decide to withdraw at any point in the Pilot.
  15. General.
    1. Entire Agreement. These Terms are the entire Agreement between PG&E, Uplight and Participant concerning the Pilot’s eligibility and participation requirements.
    2. No Assignment. These Terms may not be assigned by Participant without PG&E’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.
    4. Applicable Law and Dispute Resolution. These Terms shall be governed by the laws of the State of California. Any dispute arising in connection with this Agreement, shall first seek the assistance of a mediation to resolve any such outstanding disputes prior to filing a lawsuit.
    5. Consent and Capacity. Participant warrants and represents they are over 18 years of age and have the necessary legal capacity and have obtained the required approvals to execute this Agreement to participate in this Pilot and adhere to these Terms. Participant shall be solely responsible for any failure to receive such necessary consents and approvals.
    6. Severability and Waiver. In the event any provision in these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. The failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
    7. Survival. Termination of the Participant’s enrollment in the Pilot’s will not affect the obligations and rights under these Terms which by their sense and context are intended to survive such termination.