CO-OP COMFORT PROGRAM

Smart Thermostat Program — Terms and Conditions


Welcome to Co-op Comfort. The Co-op Comfort Program (“Program”) is a voluntary demand response program offered by various Electric Member Corporations (“EMC(s)”) in Georgia through partnership with Georgia System Operations Corporation (“GSOC”). GSOC has contracted with Open Access Technology International, Inc. (“OATI”) to manage thermostat adjustment events on its behalf. For the purposes of this Agreement only, (“Utility”) shall mean GSOC, each participating EMC, OATI, and their respective Affiliates, agents, contractors, and successors. Additionally for the purposes of this Agreement only, (‘Affiliate(s)”) with respect to GSOC shall mean, Oglethorpe Power Corporation (An Electric Membership Corporation), Georgia Transmission Corporation (An Electric Membership Corporation), and Georgia Electric Membership Corporation. For the list of participating EMCs, please refer to the Enterprise Program website (https://www.oatithermostat.com/tstat/coopcomfort/home). By joining this program, you (“Participant”) authorize Utility to make limited, temporary adjustments to Participant’s smart thermostat during peak demand periods in exchange for (“DR Benefits”). DR Benefits means any energy, capacity, ancillary services, emissions reductions, renewable energy credits, or other environmental attributes, credits, or market products created by or attributable to Participants participation in the program. By submitting an enrollment application, the Participant agrees to be bound by these Terms and Conditions (“Agreement”).

1. Eligibility

To enroll and remain in the Program, Participant must:

  • Have an active residential electric account in good standing with a participating EMC served by GSOC.
  • Have a compatible smart thermostat (see Enterprise Program website
    (https://www.oatithermostat.com/tstat/coopcomfort/home) for approved models) controlling central A/C and electric heating at Participant’s service address.
  • Maintain a working Wi-Fi network and keep Participant’s thermostat connected to it and to the manufacturer’s platform.
  • Be at least 18 years of age, have legal authority to enroll the premises, and have primary residency at the service address. Non-owners (tenants, etc.) must obtain the property owner’s written consent prior to enrollment.

Participant represents and warrants ongoing compliance with all eligibility requirements and will promptly notify Utility of any change. Utility’s determination of eligibility or continued participation shall be final and binding.

2. Incentives

Incentive amounts and payment methods (e.g., bill credit, prepaid gift card) are set solely by the EMC and are described on the Enterprise Program website (https://www.oatithermostat.com/tstat/coopcomfort/home). OATI does not set or provide incentives. Key conditions:

  • Enrollment incentive: One-time incentive per enrolled thermostat, paid in the form and amount determined solely by the EMC.
  • Annual participation incentive: Issued after each continuous 12-month period of enrollment.
  • All incentives are discretionary; Utility may modify, suspend, or eliminate any incentive at any time. Receipt of any incentive is conditioned on continuous eligibility, compliance with these Terms, and non-excessive opt-outs (as defined on the Enterprise Program website (https://www.oatithermostat.com/tstat/coopcomfort/home)).
  • Participants who exit or are removed within twelve (12) months of enrollment may owe repayment of the enrollment incentive (and any other incentives received). Utility may, at its option, deduct the repayment amount from Participant’s electric bill or pursue collection by any lawful means, including referral to a collection agency. Participants who exit within a certain period after enrollment may also owe repayment of the enrollment incentive. See Participant’s EMC Program Details on Enterprise Program website (https://www.oatithermostat.com/tstat/coopcomfort/home).

3. Demand Response Events

Authorization. By enrolling, Participant irrevocably authorizes GSOC, OATI, the EMC, and their agents and contractors to remotely access, monitor, and adjust Participant’s thermostat temperature setpoint during demand response events (“DR Events”) (including pre-conditioning) in Utility’s sole discretion and without further notice or consent. To ensure Participant’s continued safety and comfort, the Utility will adhere to certain restrictions and limitations when issuing a DR Event.

DR Event parameters and restrictions (subject to update with notice by email or through the manufacturer’s app/platform):

  • DR Events are restricted only to 6 a.m.–10 p.m., but can be performed all year round
  • There is a maximum of twenty (20) Events per weather season (Summer: May–October, Winter: November-April)
  • There is a maximum of one (1) Event per day
  • There is a maximum thermostat setpoint offset of ±4 degrees
  • Each DR Event must last no more than four (4) hours
  • Pre-conditioning (“pre-cool” or “pre-heat”) may precede an event to optimize comfort.
  • Utility may in its sole discretion, call emergency or additional events outside the state parameters when required for grid reliability or regulatory compliance.

Participant’s right to override a DR Event. Participants may override or opt out of any DR Event at any time using the Participant’s thermostat or the manufacturer’s app.

4. Authorizations, Data, and Privacy

By enrolling, Participant authorizes OATI and Utility to:

  • Collect and share Program-related data, including Participant’s name, service address, account number, thermostat serial number, energy usage statistics, opt-out history, and any data provided by the thermostat manufacturer or its platform for Program administration, evaluation, research, regulatory compliance, settlement of DR Benefits, and reporting.
  • Publish anonymized, aggregate Program results in publicly available studies.
  • Contact Participant by email, text, or other means for Program communications and event notifications.

Utility shall own all DR Benefits generated by or attributable to Participant’s Devices and may register, claim, or monetize them in its sole discretion. Participant assigns to Utility all right, title, and interest in such DR Benefits and agrees to execute any documents necessary to effectuate such ownership.

Participant consents to the thermostat manufacturer sharing all Device data (including runtime, setpoints, energy usage, and operational history) with Utility and OATI for Program purposes. Data may be retained the lesser of one year or the maximum allowable retention period set by Utility and its contractors.

Personal data will be used solely for Program purposes and as otherwise permitted by Utility’s privacy policy (available on the EMC Program Details website). Participants’ data will not be sold for third-party marketing.

Participant pledges that all enrollment information is accurate and agrees to promptly notify the Utility of any changes to Participant’s eligibility or contact information.

5. Device Maintenance and Connectivity

Participant is solely responsible for installing, maintaining, and replacing Participant’s thermostat and related equipment. GSOC and OATI bear no cost or responsibility for device repair or replacement. If Participant’s thermostat loses connectivity, Participant has thirty (30) days to restore it before Participant’s participation will be automatically terminated. Participant shall not tamper with, bypass, or interfere with Utility’s or OATI’s ability to control the Device. Any such interference constitutes a material breach. If Participant replaces the registered thermostat, Participant should promptly (and in no case later than thirty (30) days) notify the Utility to maintain Program eligibility.

6. Enrollment, Withdrawal, and Program Termination

Enrollment. This Agreement takes effect upon the Participant’s enrollment submission and Utility’s acceptance, and continues until terminated.

Withdrawal. Participant may withdraw at any time by contacting Utility. Withdrawal may result in loss of incentives or disqualification from future program participation. Participants who exit within a certain period after enrollment may also owe repayment of the enrollment incentive. See EMC’s Program Details on Enterprise Program website (https://www.oatithermostat.com/tstat/coopcomfort/home).

Program termination or modification. Utility may modify, suspend, or terminate the Program or Participant’s participation at any time, with or without cause, or prior notice (to the extent permitted by law), due to regulatory changes, grid authority decisions, manufacturer changes, or other circumstances. Notice may be provided to enrolled Participants by email or through the manufacturer’s platform. Continued participation after any modification constitutes acceptance of revised terms.

Upon termination, all rights to incentives cease and any repayment obligations survive.

7. Liability, Indemnification, and Disputes

Limitation of liability. THE PROGRAM IS PROVIDED “AS IS.” UTILITY, THE THERMOSTAT
MANUFACTURER, AND THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND CONTRACTORS ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM PARTICIPANT’S PARTICIPATION, INCLUDING (AND WITHOUT LIMITATION) ANY CHANGES IN ELECTRICITY COSTS, FAILURE OF PRECONDITIONING, DEVICE MALFUNCTIONS, LOSS OF INCOME, OR ANY ACT OR OMISSION OF THE THERMOSTAT MANUFACTURER. PARTICIPANT’S SOLE REMEDY FOR DISSATISFACTION IS TO WITHDRAW FROM THE PROGRAM.

Indemnification. Participant agrees to indemnify and hold harmless Utility, the thermostat manufacturer, and their respective Affiliates, officers, and agents from any claims, damages, or costs arising from Participant’s breach of this Agreement, participation in the Program, use or misuse of the thermostat or Device (including any claims by household members or third parties), or any negligence by Participant or members of Participant’s household.

Governing law and disputes. This Agreement is governed by the laws of the State of Georgia without regard to conflict of laws principles. Any unresolved dispute will be settled by binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules (or another mutually agreed provider) and the Federal Arbitration Act; class actions and class arbitration are not permitted. Arbitration shall take place in Atlanta, Georgia (or the county of the Participant’s service address if required by law). Participant waives any right to incidental, punitive, or consequential damages, including attorneys’ fees (to the maximum extent permitted by law).

8. General Provisions

Force Majeure. Utility shall not be liable for any failure or delay in performance caused by events beyond its reasonable control, including but not limited to acts of God, war, terrorism, pandemics, strikes, regulatory actions, or grid emergencies.

Ownership of DR Benefits. As mentioned previously in Section 4, Utility shall own all DR Benefits generated by or attributable to Participant’s Devices and may register, claim, or monetize them in its sole discretion. Participant assigns to Utility all right, title, and interest in such DR Benefits and agrees to execute any documents necessary to effectuate such ownership.

Audit and Cooperation. Participant agrees to cooperate with any audit or evaluation of the Program conducted by Utility or its third-party contractors.

Entire Agreement. This Agreement constitutes the entire agreement between the parties regarding the Program and supersedes all prior understandings. GSOC or OATI may update these Terms at any time; material changes will be communicated by email or through the manufacturer’s platform, and continued participation constitutes acceptance.

Enrollment. Electronic enrollment (including click-wrap acceptance) constitutes a valid, binding signature.

Enforceability. If any provision is found unenforceable, the remaining provisions remain in full effect.

No Third-Party Beneficiaries. Except for the express indemnitees and the thermostat manufacturer (as a thirdparty beneficiary of the authorizations, disclaimers, and indemnification provisions), nothing in this Agreement confers any rights on any third party.

Assignment. Participant may not assign this Agreement. Utility may assign or delegate any of its rights or obligations without Participant’s consent.

Survival. Sections regarding liability, indemnification, data authorizations, DR Benefits ownership, repayment obligations, arbitration, and governing law survive any termination or expiration.