AEP Ohio - IT'S YOUR POWER Terms & Conditions

Terms & Conditions for

AEP Ohio’s “It’s Your Power” Mobile Application;

Energy Bridge; and “It’s Your Power” Thermostat

The “It’s Your Power” mobile application is intended for use by customers connected to AMI meters. By downloading; registering with AEP Ohio; and using the AEP Ohio “It’s Your Power” mobile application You acknowledge and agree to the following terms and conditions:

Unless otherwise expressly stated herein, the AEP Ohio “It’s Your Power” Mobile Application; the Energy Bridge; and the Powerley Thermostat and the Smart Switch (collectively, the “Product(s)”) are licensed, not sold, to You for use only under the terms of this license. The use of a Product that is accompanied by a separate license agreement shall be governed by that separate license agreement subject to Your prior acceptance of that separate license agreement. AEP Ohio reserves all rights not expressly granted to You.

AEP Ohio’s “It’s Your Power” Mobile Application

Scope of License: AEP Ohio grants You this limited, non-transferable license for your use of AEP Ohio’s “It’s Your Power” Mobile Application (the “Licensed Application”) on one more mobile device that You own or control. This license does not allow You to use the Licensed Application on any mobile device that You do not own or control, and You may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Licensed Application. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Licensed Application). Any attempt to do so is a violation of the rights of the AEP Ohio and its licensors. If You breach this restriction, You may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by AEP Ohio that replace and/or supplement the original Licensed Application and earlier revisions, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.

Consent to Use of Data: You agree that AEP Ohio may collect and use technical data and related information, including but not limited to technical information about Your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to You (if any) related to the Licensed Application. AEP Ohio may use this information consistent with the AEP Ohio’s “It’s Your Power” Mobile Application Privacy Policy to improve its products or to provide services or technologies to You.

Services; Third Party Materials: The Licensed Application may enable access to AEP Ohio’s and third party services and web sites (collectively and individually, "Services"). Use of the Services may require Internet access and that You accept additional terms of service. Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, You acknowledge and agree that AEP Ohio is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. AEP Ohio does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to you.

NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ("SERVICES") ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND AEP OHIO HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. AEP OHIO DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED APPLICATION, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AEP OHIO OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

Termination: The license is effective until terminated by You or AEP Ohio. AEP Ohio may discontinue offering the Licensed Application at any time. Your rights under this license will terminate automatically without notice from AEP Ohio if You fail to comply with any term(s) of this license. Upon termination of the license, You shall cease all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.

Additional Terms and Conditions Governing Use of the Energy Bridge

By ordering and installing the Energy Bridge, You acknowledge and agree to the following terms and conditions:

Uninstalling the Licensed Application from Your mobile device will not affect the connections between the Energy Bridge and the AMI meter or between the Energy Bridge and the Powerley thermostat.
The Energy Bridge remains the property of AEP Ohio at all times. If You remove the Energy Bridge from the Licensed Application, You must contact AEP Ohio customer support at YourPowerHelp@aep.com to arrange for the return the Energy Bridge to AEP Ohio. If You move out or stop service, You must contact AEP Ohio customer support at YourPowerHelp@aep.com to arrange for the return of the Energy Bridge to AEP Ohio. Within 30 days of receiving the Energy Bridge, You must install, connect and bind the Energy Bridge or return the device to AEP Ohio at no cost to You. You agree that AEP Ohio reserves the right to invoice You a $90 fee for failure to install, connect, bind, or return the Energy Bridge within 45 days of receipt. If You also have an It’s Your Power thermostat, You may choose to keep the thermostat installed; however, You acknowledge that without the Energy Bridge, You will not be able to control the thermostat remotely via the Licensed Application.
YOU ARE RESPONSIBLE FOR LOSS OR DAMAGE TO THE ENERGY BRIDGE. SHOULD THE ENERGY BRIDGE BE LOST OR DAMAGED BY YOU OR WHILE IN YOUR POSSESSION YOU WILL BE RESPONSIBLE FOR THE COST OF ITS REPAIR OR REPLACEMENT.

Limited Warranty: If the Energy Bridge malfunctions within the first twelve months of receipt through no fault of Yours, AEP Ohio will replace or repair the Energy Bridge at its expense. EXCEPT FOR MALFUNCTIONS AS DESCRIBED IN THE PREVIOUS SENTENCE, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE ENERGY BRIDGE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENERGY BRIDGE AND ANY SERVICES PERFORMED OR PROVIDED BY THE ENERGY BRIDGE ("SERVICES") ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND AEP OHIO HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE ENERGY BRIDGE AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. AEP OHIO DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE ENERGY BRIDGE, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED BY THE ENERGY BRIDGE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE ENERGY BRIDGE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE ENERGY BRIDGE OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AEP OHIO OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

Additional Terms and Conditions Governing Use of the Powerley Thermostat or Other Connected Devices

By ordering and installing the Powerley thermostat (“Thermostat”) or other connected devices such as smart plugs, smart lights, smart security cameras, smart water sensors, smart door locks (“Connected Devices”), You acknowledge and agree to the following terms and conditions:

Uninstalling the Licensed Application from your mobile device will not affect the connections between the Energy Bridge and the AMI meter or between the Energy Bridge and the Thermostat.
If you have a Thermostat and remove the Energy Bridge, you may choose to keep the Thermostat installed; however, without the Energy Bridge, you will not be able to control the Thermostat remotely via the Licensed Application. AEP Ohio shall transfer to You any applicable warranty remaining for the Thermostat.
If You have Connected Devices and remove the Energy Bridge, You will not be able to control the Connected Devices remotely via the Licensed Application.
If You have a Thermostat, You will be automatically enrolled in AEP Ohio Demand Response which will allow AEP Ohio to utilize the Thermostat to reduce your energy use during load management events by a temperature setback. Under a temperature setback methodology, AEP Ohio may increase the preset temperature on your Thermostat by no more than four (4) degrees during load management events. AEP Ohio planned load management events shall not exceed five (5) hours per day. Such nonemergency load management events shall not exceed 15 events per year and shall occur only during the months of May through September and between Noon and 8 pm.
If You have installed Connected Devices that control electric water heating unit, pool pump and/or hot tub, you will be automatically enrolled in AEP Ohio Demand Response which will allow AEP Ohio to utilize the Connected Device to switch off the electric water heating unit, pool pump, and/or hot tub during a load management event. Such nonemergency load management events shall not exceed 15 events per year and shall occur only during the months of May through September and between Noon and 8 pm. Electric water heating units and hot tubs would be subject to 15 additional non-emergency load management events during the months of October through April between 5 am and 11 pm.
You may choose to opt-out of any single Demand Response event through the Licensed Application upon receipt of a notification. If you have the Licensed Application installed on multiple devices, the choice to opt-out will be applicable to all such devices.
You may choose to opt-out of any single Demand Response event by changing your thermostat setpoint during the event, either at the thermostat or remotely via the Licensed Application. If you have the Licensed Application installed on multiple devices, the choice to opt-out will be applicable to all such devices.
You may choose to opt-out of the Demand Response program by contacting Customer Support at ItsYourPowerHelp@aep.com. If you have the Licensed Application installed on multiple devices, the choice to opt-out of the Program will be applicable to all such devices.
YOU ARE RESPONSIBLE FOR LOSS OR DAMAGE TO THE THERMOSTAT. SHOULD THE THERMOSTAT BE LOST OR DAMAGED BY YOU OR WHILE IN YOUR POSSESSION YOU WILL BE RESPONSIBLE FOR THE COST OF ITS REPAIR OR REPLACEMENT.

Limited Warranty: If within one year the Thermostat or Connected Devices malfunctions through no fault of yours, AEP Ohio will replace or repair the Thermostat at its expense. EXCEPT FOR MALFUNCTIONS AS DESCRIBED IN THE PREVIOUS SENTENCE, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE THERMOSTAT IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE THERMOSTAT,AND/OR CONNECTED DEVICES AND ANY SERVICES PERFORMED OR PROVIDED BY THE THERMOSTAT AND/OR CONNECTED DEVICES ("SERVICES") ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND AEP OHIO HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE THERMOSTAT AND/OR CONNECTED DEVICES AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. AEP OHIO DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE THERMOSTAT AND/OR CONNECTED DEVICES, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED BY THE THERMOSTAT AND/OR CONNECTED DEVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE THERMOSTAT AND/OR CONNECTED DEVICES OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE THERMOSTAT AND/OR CONNECTED DEVICES OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AEP OHIO OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

Additional Terms and Conditions Governing Use of the Smart Switch and the Smart Switch Pilot Program

By ordering and installing the Smart Switch, You acknowledge and agree to the following terms and conditions regarding the Smart Switch and Smart Switch Program:

If You remove the Smart Switch from the Licensed Application, You must contact AEP Ohio customer support at YourPowerHelp@aep.com to arrange for the return the Smart Switch to AEP Ohio. If You move out or stop service, You must contact AEP Ohio customer support at YourPowerHelp@aep.com to arrange for the return of the Smart Switch to AEP Ohio. Within 30 days of receiving the Smart Switch, You must install, connect and bind the Smart Switch or return the device to AEP Ohio at no cost to You. You agree that AEP Ohio reserves the right to invoice You a $150 fee for failure to install, connect, bind, or return the Smart Switch within 45 days of receipt.
If, after the Smart Switch Pilot Program, AEP Ohio decides to offer a program going forward and You decide to participate in that program going forward, You may purchase and own the Smart Switch.
You will use any charger connected with the Smart Switch at a level 2 rate (240V, 40A).
AEP Ohio will accept up to 100 participants for the Smart Switch Program, and the Smart Switch Program runs through the year 2021.
You agree to indemnify, protect, defend and hold harmless AEP Ohio, its authorized representatives, affiliates, parent and/or subsidiary companies, organizations or entities, successors, assigns, and officers, directors, shareholder, employees and agents of the same as well as their successors or assigns, in both their personal and representative capacities, from and against all liabilities, claims, fines, penalties, costs, damages, losses, liens, causes of action, suits, judgments and expenses (including court costs, reasonable attorneys’ fees and other costs of litigation) attributable to any action or conduct, directly or indirectly, relating to the installation, use, function, or performance of the Smart Switch.

Limited Warranty: If the Smart Switch malfunctions or is defective upon installation during the Pilot Program, AEP Ohio will replace or repair the Smart Switch at its expense. EXCEPT FOR MALFUNCTIONS AS DESCRIBED IN THE PREVIOUS SENTENCE, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SMART SWITCH IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY, QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SMART SWITCH AND ANY SERVICES PERFORMED OR PROVIDED BY THE SMART SWITCH ("SERVICES") ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND AEP OHIO HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SMART SWITCH AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. AEP OHIO DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SMART SWITCH THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED BY THE SMART SWITCH WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SMART SWITCH OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SMART SWITCH OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AEP OHIO OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SMART SWITCH OR SERVICES PROVE DEFECTIVE,SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

Additional Program Requirements and Limitations

Real-time energy information is available only for homes with AMI meters and connected Energy Bridges.
AEP Ohio shall NOT have any liability for any delay or failure to deliver real-time energy information under this program.
Budgeted usage costs in the It’s Your Power pilot program are estimates only and are not intended to reflect the actual amounts You will be billed on this account. AEP shall NOT have any liability for variance from actual billing.
The Licensed Application may be loaded on more than one mobile device; however, a decision to opt out of email notifications or other programs from one device will apply to all devices on which the Licensed Application is loaded.
Thermostat operation data collected by the Licensed Application will be used by AEP Ohio and its evaluation contractor to measure energy savings and demand reduction.
Connected Devices operation data collected by the Licensed Application will be used by AEP Ohio and its evaluation contractor to measure energy savings and demand reduction
Any and all energy savings and coincident demand as well as demand response generated by participation in the It’s Your Power program are hereby committed to AEP Ohio. That retained demand can be used to count against AEP Ohio’s benchmark requirements in Ohio S.B. 221, regardless; any retained demand provided to PJM generation auctions must be done so by AEP Ohio only.
By electing to participate in the It’s Your Power program You are authorizing AEP Ohio to contact you via the Licensed Application with transactional messages related to this relationship. Participating in the It’s Your Power service shall be considered as affirmative consent to receive the related notifications should these notifications ever be classified as commercial in nature.
The data communicated via the Licensed Application is the property of AEP Ohio and is provided for your personal non-commercial use only and may not be used for any other purpose.
You acknowledge that the Licensed Application may, at any time, be adversely affected by problems with the mobile phone network; including, without limitation, interference to the network coverage. AEP Ohio shall not be responsible or liable for any loss, damage or expenses incurred directly or indirectly by You or any other person as a result of any difficulties experienced by any cellular phone service provider.

Limitation of Liability: TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL AEP OHIO OR ITS PARENT OR AFFILIATE COMPANIES BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION, THE ENERGY BRIDE, THE SMART SWITCH OR ANY CONNECTED DEVICE HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF AEP OHIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall AEP Ohio’s total liability to You for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

Governing Law: The laws of the State of Ohio, excluding its conflicts of law rules, govern these terms and conditions and your use of the Licensed Application. Your use of the Licensed Application may also be subject to other local, state, national, or international laws.

Updates to these Terms and Conditions:

You agree that the terms and conditions can be updated from time to time. The updated Terms and Conditions will be posted at aepohio.com/itsyourpower and made available through the Licensed Application.
You agree that if any new term or condition is not acceptable that you will take the affirmative action to withdraw from the program by removing the Energy Bridge if applicable and deleting the Licensed Application. Failure to withdraw after an update to terms and conditions will be considered as acceptance of the new terms and conditions, as authorized by this initial enrollment in the program.

These Terms & Conditions were last revised on May 30 2019.