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Puget Sound Energy – Flex Program(s) Terms and Conditions

Last updated: June, 2026

Thank You for Your interest in participating in a voluntary, opt-in Flex Program(s) (each, the “Program”) offered by Puget Sound Energy (“PSE”) and administered by third party service Providers contracted by PSE (each, a “Provider”). These Terms and Conditions (these “Terms”) are a legal agreement between You (“You” or “Participant”), PSE and its Provider and govern Your participation in the Program. If You participate in more than one Program covered by these Terms as permitted by these Terms, these Terms apply separately to each such Program in which You participate.

BY COMPLETING YOUR ENROLLMENT IN THE PROGRAM OR BY OTHERWISE PARTICIPATING IN THE PROGRAM, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT PARTICIPATE IN THESE PROGRAM. YOU MUST COMPLY WITH THE TERMS, AS UPDATED FROM TIME TO TIME, FOR THE DURATION OF THE PROGRAM).

  1. Customer Eligibility

    The Program is available to eligible PSE customers only. To be eligible to participate in the Program,

    • You must be at least eighteen (18) years old, and
    • Your utility service account must be metered by PSE’s Advanced Metered Infrastructure AMI technology (a “Smart Meter”) that provides 15-minute interval data.

    You agree to provide correct and complete information to PSE and Provider to verify Your eligibility for the Program.

  2. Term and Termination
    Program Term. The Program is available at PSE’s discretion, and Your participation in the Program will continue until You terminate Your participation from such Program or Your participation is terminated by PSE, each of which shall be in accordance with these Terms.

    Program Changes. PSE reserves the right, in its sole discretion, to modify or to discontinue the Program at any time, including changing eligibility requirements and Incentive rates without notice to You. Before purchasing a Device (as defined below), please check here to ensure that the Device is eligible for enrollment in the Program. However, current Incentive rates will be available on PSE’s website and in the filed PSE Biennial Conservation Plan, Exhibit 3.1

    Communications. As part of the Program, You may receive important communications (“Communications”) via one or more of the following methods: email, Provider app, Device display, or text message. Topics of these Communications include, but are limited to, Program changes, Your Program enrollment status, Incentive payments, and Events (as defined herein). These are not marketing communications and only serve to provide important information specific to the Program.

    You agree that PSE is not responsible for ensuring You receive Communications regarding the Program, Your enrollment status, incentive payment updates, or Event notifications. If You fail to receive a Communication, Your participation may be affected. If You opt out of all Communications, You may be unenrolled from the Program.

    Termination by PSE. PSE may terminate the Program, or Your participation in the Program, at any time, with or without cause, by providing You with written notice of such termination or suspension, which will be via the communication method You have on record for this Program.

    Program Suspension. The Program or your Participation in the Program may be suspended upon providing notice to You for any cause. In the event of such a suspension, you will not be able to earn incentives, or participate in Events.

    Termination by You. You may terminate Your participation in the Program at any time and for any reason by unenrolling in the Program via Your specific Program and Device’s unenrollment process set forth in these Terms or otherwise communicated to You on PSE’s website, email, text, or app.

    Rights at Termination or Suspension. If the Program is terminated or suspended by PSE, Your participation in the Program will immediately cease, and You are only entitled to receive Incentives or other benefits due to You that accrued but were unpaid prior to termination date. If terminated by You, You will not be eligible for any Participation Incentive, Performance Incentive, or Annual Incentives even if they accrued but were unpaid as of the termination date.

    Survival. Any suspension, termination or cancellation of the Program will not affect Your obligations under these Terms which are intended to survive such suspension, termination or cancellation.

  3. Devices
    3.1 Programs with Devices. You may enroll and participate in multiple Device-specific Programs and receive multiple Incentives. By enrolling a Device in the Flex Smart, Flex EV, Flex Batteries, and/or Flex Water Heaters Program(s), You hereby grant to PSE the right to remotely access and control one or more eligible thermostats, electric vehicle, electric vehicle charger, battery energy storage system (“BESS”) or water heater, as applicable, at the address You enrolled for the Program (each, a “Device”). When You enroll a Device, You may be presented with additional terms from the Device Manufacturer (the “Manufacturer”). These Terms are in addition to, and are not replaced by, those terms.
    3.2 Communication with Your Device.   When there is a potential for a stress on PSE’s electricity grid, Provider will communicate with You or Your Device in order to temporarily reduce Your electricity use associated with the Device (each, an “Event”). After the Event is over, Your Device will return to its normal setting. Exact details, including our schedule of notifications depends on Your Device, are detailed below.
    3.3 Control. By enrolling a Device, You understand and agree that You are enabling PSE to control that Device in connection with the Program. Overriding Event-based changes made to Your Device will not result in Your disqualification for Incentives (as defined below) offered but may reduce how much in Incentives You receive. Notwithstanding the foregoing, continued overriding of changes made to Your Device, disconnection from Wi-Fi, or consistent lack of participation in Events may result in the termination of Your enrollment of the Program.
    3.4 Control. As part of this Program, PSE will call events to make changes to Your participating Device without any manual intervention by You. At any time that You desire, You may override this change simply by turning Your Device to a different temperature or using the other methods enabled by the Device Manufacturer. Flex Batteries participants’ ability to opt out of an event depends on the battery manufacturer’s ability to support an opt out. Overriding changes made to Your Device will not result in Your disqualification for Incentives offered to Program participants as described below but may reduce how much You earn. Continued overriding of Your Device, or consistent lack of participation in called events may result in Your termination of Your enrollment status of the Program, as further detailed in Section 14.
    3.5 Consent. You agree to allow Provider to communicate with You and, as applicable, the Manufacturer, to access necessary personal information to remotely control Your Device(s) from the date You join the Program until the Program ends or Your enrollment in the Program terminates. Remote control of this Device is specific and limited to the purposes of Program participation. You agree to keep Your Device(s) operational and connected to the wireless network of Your premises while You are enrolled in the Program at Your sole cost and expense.
    3.6 Your Information. You authorize PSE to share necessary personal information about You including, but not limited to, Your name, street address, PSE account number, electrical usage, Device and billing information with the Provider. The Provider may share Your this information with its subcontractors involved in the implementation and management of the Program solely for purposes of implementing the Program. By submitting or otherwise making available Your personal information, data, materials, or information in connection with the Program, You authorize PSE, the Provider (and its subcontractors, as applicable) to use such information for the purpose of providing the Program. In addition, You hereby authorize PSE and the Provider to access Your information to provide the Program and confirm Your eligibility to participate in the Program.

    You understand and agree that by authorizing PSE to control Your Device in connection with the Program, PSE may receive access to data from Your Device directly, including data collected from Devices.

    Data sharing is governed by the following privacy policies:

  4. Flex Rewards (Residential Behavioral)
    4.1 Eligibility: Flex Rewards is available for any electric residential rate schedule customer with an AMI meter. If You elect to enroll in Flex Rewards, You are not eligible for participation in any other Flex Program. If You elect to enroll in any other Flex Program, You are not eligible to participate in Flex Rewards.
    4.2 Participating without Devices.   You will receive notifications when Events are scheduled and if You reduce Your electricity use manually during the Event, You will earn Incentives.
    4.3 Program Parameters. You will be notified no more than 15 times between November 1 and March 31, and 15 times between May 1 and September 30, on non-holidays, between the hours of 7 a.m. and 10 p.m, no more than 3 times Monday through Sunday. The duration of each Event is 4 hours or less.
    4.4 Notifications. Receiving notifications for Events is required and opting out of all Event notifications will lead to unenrollment.
    4.5 Consent. You agree to allow Provider to communicate with You and, as applicable, the Manufacturer, to access necessary personal information to remotely control Your Device(s) from the date You join the Program until the Program ends or Your enrollment in the Program terminates. Remote control of this Device is specific and limited to the purposes of Program participation. You agree to keep Your Device(s) operational and connected to the wireless network of Your premises while You are enrolled in the Program at Your sole cost and expense.

    You will receive notification via email and/or SMS at least 5 hours ahead of an Event unless PSE declares a grid emergency.

    4.6 Opting Out. You have the option not to participate in Events.
    4.7 Incentives.  For enrollment, You will receive a one-time Incentive of twenty-five dollars ($25) per household (“Enrollment Incentive”). For participation in each Event, You will receive $1 per kWh saved (“Performance Incentive”). Your Event savings are based on an industry standard calculation and may be updated or changed by PSE at any time without notice. Should any meter fail to register or register accurately the amount of electricity used during an Event, the amount of such use will be estimated from the best available information.

    If You stay enrolled in the Program, You will receive an additional fifteen dollars ($15) per household per year of enrollment (“Annual Incentive”) in the Program.

    4.8 Incentive payment. Please allow 4 to 6 weeks after enrollment to process Your Enrollment Incentive, and 4 to 6 weeks for processing Your Performance Incentive after the end of the season. Your Annual Incentive will be paid 4-6 weeks after each twelve (12) successive months of enrollment.

    All Program Incentives will be paid in the form of a customer-selected electronic gift card or Visa pre-paid card. Pre-paid cards expire within 6 months but can be extended by 6 months by contacting the Provider’s customer support, if reported lost within the first 6 months of issuance. Gift cards do not expire but cannot be reissued by Provider if lost.

    You must be actively enrolled at the time of payout to receive Your Performance and Annual Incentive.

    4.9 Provider: Uplight.
    4.10 Questions or to Unenroll: If You have questions about these Terms or the Program, please contact the Program team at support@pseflex.com or by calling Uplight at 1-888-793-9347. We will communicate with You regarding questions or unenrollment at the email address provided in the enrollment form.
  5. Flex Business (Small or Medium Business Behavioral)
    5.1 Eligibility: Flex Business is available only to small and medium business customers on commercial rate Schedules 24 [&] 25. If You elect to enroll in Flex Business, You are not eligible for participation in any other Flex Program. If You elect to enroll in any other Flex Program, You are not eligible to participate in Flex Business.
    5.2 Participating without Devices.    You will receive notifications when Events are scheduled and if You reduce Your electricity use manually during the Event, You will earn Incentives.
    5.3 Program Parameters. You will be notified no more than 15 times between November 1 and March 31, and 15 times between May 1 and September 30, on non-holidays, between the hours of 7 a.m. and 10 p.m, no more than 3 times Monday through Sunday. The duration of each Event is 4 hours or less.
    5.4 Notifications. Receiving notifications for Events is required and opting out of all Event notifications will lead to unenrollment.

    You will receive notification via email or SMS at least 5 hours ahead of an Event unless PSE declares a grid emergency.

    5.5 Opting Out. You have the option not to participate in Events.
    5.6 Incentives.  For enrollment, You will receive a one-time Incentive of fifty dollars ($50) per business (“Enrollment Incentive”).

    For participation in each Event, You will receive $1 per kWh saved (“Performance Incentive”). Your Event savings are based on an industry standard calculation and may be updated or changed by PSE at any time without notice. Should any meter fail to register or register accurately the amount of electricity used during an Event, the amount of such use will be estimated from the best available information.

    5.7 Incentive payment. Please allow 4 to 6 weeks after enrollment to process Your Enrollment Incentive, and 4 to 6 weeks for processing Your Performance Incentive after the end of the season.

    All Incentive payments will be paid in the form of a check to the accountholder.

    You must be actively enrolled at the time of payout to receive Your Performance Incentive.

    5.8 Provider: Uplight.
    5.8 Questions or to Unenroll: If You have questions about these Terms or the Program, please contact the Program team at support@pseflex.com or by calling Uplight at 1-888-793-9347. We will communicate with You regarding questions or unenrollment at the email address provided in the enrollment form.
  6. Flex Smart (Thermostats)
    6.1 Eligible Devices. You must have electric heating and/or electric cooling controlled by an eligible Device. A list of eligible thermostats that qualify as a Device can be found at the Program’s PSE | Flex Smart web page.
    6.2 Program Parameters.  Your thermostat will be remotely accessed no more than 15 times between November 1 and March 31, and 15 times between May 1 and September 30, on non-holidays, between the hours of 7 a.m. and 10 p.m, no more than 3 times Monday through Sunday. The duration of each Event is 4 hours or less. Your temperature setting may be adjusted up to 4 degrees Fahrenheit above or below normal settings unless You have selected different settings. Pre-conditioning may include 1 hour of pre-heating or pre-cooling before the Event.
    6.3 Notifications. You will not receive advance notice of an Event except for via the Device’s smart phone app and/or via the thermostat Device display, if available, up to 2 hours ahead.
    6.4 Opting Out. You have the option not to participate in Events. Your thermostat may also automatically opt out if the space temperature exceeds the temporary Event settings. By turning Your thermostat to a different temperature or using the other methods enabled by Your Device Manufacturer, You can opt out of the Event.
    6.5 Incentives.  For enrollment, You will receive a one-time payment of fifty dollars ($50) per smart thermostat, and twenty dollars ($20) per line-voltage connected thermostat (“Enrollment Incentive”).

    You will receive a seasonal Incentive of twenty dollars per summer and winter season ($20) for smart thermostats, and ten dollars ($10) per line-voltage connected thermostat per winter season (“Participation Incentive”).

    • In addition to these Incentives, Commercial participants with a commercial rate schedule (24 [&] 25), will receive $35/kW x average kW reduced across all Events of the season (“Performance Incentive”).
    6.6 Incentive payment. Please allow 4 to 6 weeks after enrollment to process Your enrollment Incentive, and 4 to 6 weeks for processing Your Participation and/or Performance Incentive after the end of the season.

    Incentive payments for Flex Smart will be issued based on customer rate schedule.

    • Residential customers will receive all Incentive payments in the form of a customer-selected electronic gift or pre-paid card.
    • Commercial customers on schedules 24 or 25 will receive Enrollment and Participation Incentives in the form of a customer-selected electronic gift or pre-paid card. Performance Incentive payments by check issued to the PSE accountholder.

    Except for commercial customers’ payment by check, Program Incentives will be paid in the form of a customer-selected electronic gift card or Visa pre-paid card. Pre-paid cards expire within 6 months but can be extended by 6 months by contacting the Provider’s customer support, if reported lost within the first 6 months of issuance. Gift cards do not expire but cannot be reissued by Provider if lost.

    You must be actively enrolled at the time of payout to receive Your Performance and/or Participation Incentives.

    6.7 Provider: Uplight.
    6.8 Questions or to Unenroll: If You have questions about these Terms or the Program, please contact the Program team at support@pseflex.com or by calling Uplight at 1-888-793-9347. We will communicate with You regarding questions or unenrollment at the email address provided in the enrollment form.
  7. Flex EV (Electric Vehicles and EV Chargers)
    7.1 Eligible Devices. A list of eligible electric vehicles and electric vehicle chargers that qualify as a Device can be found at the Program’s web page PSE | Flex EV. You may enroll via Your EV charger or EV telematics, but not both at the same time.
    7.2 Program Parameters.  Your EV or EV charger will be remotely accessed no more than 15 times between November 1 and March 31, and 15 times between May 1 and September 30, on non-holidays, between the hours of 7 a.m. and 10 p.m, no more than 3 times Monday through Sunday. The duration of each Event is 4 hours or less. If Your EV is plugged in, Your EV charging will pause for the duration of the Event and will return to normal after each Event.
    7.3 Notifications. You may be notified of each Event via a smart phone app, email, text, and/or via the Device’s display, if available, up to 2 hours ahead.
    • Wallbox does not have an app-based feature to manage Event participation. Customers will receive email notifications from Uplight 4 hours before the Event start. 
    7.4 Opting Out. You have the option not to participate in Events and can opt out through Your Device specific app, disabling participation in the Event directly through Your equipment, or, overriding the Event for Your Wallbox charger by unplugging it for 30 seconds and plugging it back in.
    7.5 Account Creation (Uplight only).Note that when You enroll an electric vehicle (EV) via the FlexSaver portal, an account automatically will be created for You at Optiwatt, a Provider. Your name, email address, service address and PSE account number will be shared with Optiwatt, in order to manage Your EV enrollment. Optiwatt may send You transactional emails from time to time, and marketing emails, from which You may opt-out. You may cancel Your Optiwatt account within the Optiwatt app or via Optiwatt.com—this will disable Your participation in the PSE Flex EV Program.
    7.6 Incentives.For enrollment, You will receive a one-time Incentive of fifty dollars ($50) (“Enrollment Incentive”) per house or vehicle.

    For participation in each Event, You will earn $0.50 per kWh saved (“Performance Incentive”). Your Event savings are based on an industry standard calculation and may be updated or changed by PSE at any time without notice. Should any meter fail to register or register accurately the amount of electricity used during an Event, the amount of such use will be estimated from the best available information.

    7.7 Incentive payment. Please allow 4 to 6 weeks after enrollment to process Your enrollment Incentive, and 4 to 6 weeks for processing Your Participation and/or Performance Incentive after the end of the season.
    • ChargeScape: All Incentive payments will be paid via Paypal or Venmo.
    • Uplight: All Incentive payments will be paid via a customer-selected electronic gift or Visa pre-paid card. Pre-paid cards expire within 6 months but can be extended by 6 months by contacting the Provider’s customer support, if reported lost within the first 6 months of issuance. Gift cards do not expire but cannot be reissued by Provider if lost.

    You must be actively enrolled at the time of payout to receive Your Participation Incentive.

    7.8 Provider. There are two PSE Providers that operate this Program:
    • ChargeScape, LLC: Ford, BMW, Honda/Acura
    • Uplight: All other eligible electric vehicles and electric vehicle chargers
    7.9 Questions or to Unenroll: Questions or to Unenroll: If You have questions about these Terms or the Program, please visit the EV Support page at PSE | Flex EV Customer Support, or contact:

    We will communicate with You regarding questions or unenrollment at the email address provided in the enrollment form.

  8. Flex Batteries (BESS or Battery Energy Storage System)
    8.1 Eligible Devices. A list of eligible equipment that qualify can be found at the Program’s PSE | Flex Batteries web page. Systems must have applied for interconnection with PSE and received permission to operate.
    8.2 Program Parameters.   Your battery will be remotely accessed no more than 50 times between November 1 and March 31, and 50 times between May 1 and September 30, on non-holidays, between the hours of 7 a.m. and 10 p.m, no more than 7 times Monday through Sunday. The duration of each Event is 4 hours or less.
    8.3 Notifications. You will receive no advance notice of Events from Program. Your Device will receive a signal to discharge for the scheduled Event and discharge for the defined duration. Your Device specific app may provide information about scheduled Events, depending on Battery Manufacturer. Within 24 hours of a scheduled Event start, a command will be sent in preparation of the Event to charge the battery as needed either from the grid or solar, if applicable. Program may schedule an Event for Your Device to fully charge, which may charge from the grid depending on Your Device settings and available solar.
    8.4 Performance Requirements. To qualify for participation in the Program and be eligible to receive the Program’s enrollment and participation Incentives, Your Device must have a minimum state charge (“SoC” or “backup reserve” during an Event) set at no greater than 20%. If the Device is found to have a minimum SoC set greater than 20%, the Program will notify the Participant to modify SoC reserve setting. If the minimum SoC setting is found to be higher than 20% consistently, Participant and Device may be removed from the Program and may result in forfeiture of participation Incentives.
    8.5 Weather and Storm Features Depending on battery manufacturer, optional protective weather or storm features, if enabled, may render Your device unresponsive to event signals and may limit Your participation and earnings. Your choice to enable or disable this feature is Yours alone.
    8.6 Opting Out.  You have the option not to participate in Events, as supported by Your Battery Manufacturer, in your Device specific app.
    8.7 Incentives.For enrollment, You will receive a one-time Incentive of $75 per enrolled kilowatt-hour (kWh) (the nameplate value) limited to a maximum of $1,000 per battery (“Enrollment Incentive”). The Enrollment Incentive is applicable only for the original enrollment of the battery.
    • If the battery is replaced, the participant may be eligible for a subsequent enrollment Incentive only if the battery undergoes a complete replacement, pending Incentive availability and eligibility defined at the time of the new interconnection application.

    For participation in each Event, You will receive $0.50 per discharged kWh as measured at the battery Device level (not the PSE service meter) (“Performance Incentive”). The Performance Incentive is limited to a maximum of $500 per battery per year.

    Your Device level participation used to calculate Performance Incentives is hosted in Your FlexSaver account (Anticipated Fall 2026) or can be requested from the Program directly by contacting support@pseflex.com. While we make reasonable efforts to ensure the accuracy and completeness of Device level measurements, data may be delayed, incomplete, or subject to change. Your energy data, including energy discharged during Flex events, is available in your Device specific app.

    8.8 Enhanced Incentives. Participants who qualified for PSE’s Flex Batteries Enhanced Incentives during the interconnection application process are subject to the same terms and conditions herein and must enroll in the Program to complete the qualification.

    Enhanced Incentives are provided in the form of a discount on the cost of the BESS by an approved BESS system installer. Failure to enroll in the Program after receiving the Enhanced Incentive may result in a recoupment of the Enhanced Incentives by the installer. Please refer to PSE | Enhanced Incentives for more information related to PSE’s Flex Batteries Enhanced Incentives, eligibility, process, and application.
    8.9 Incentive payment. Please allow 4 to 6 weeks after enrollment, and completion of a W9 tax form from Uplight, to process Your Enrollment Incentive. Uplight will issue a 1099 form in the first quarter of the following year. The form will reflect the total amount issued in the calendar year prior across all Flex Programs You are enrolled in that are administered by Uplight.

    Performance Incentives are disbursed once per year and will be sent 4 to 6 weeks after the end of the summer season.

    Enrollment and Performance Incentives are paid in the form of a check to the PSE accountholder.

    You must be actively enrolled at the time of payout to receive Your Performance Incentive.

    8.10 Provider: Uplight
    8.11 Questions or to Unenroll: If You have questions about these Terms or the Program, please contact the Program team at support@pseflex.com or by calling Uplight at 1-888-793-9347. We will communicate with You regarding questions or unenrollment at the email address provided in the enrollment form.
  9. Flex Water Heaters (Electric Water Heaters or Smart Water Links)
    9.1 Eligible Devices. You must have electric water heating to participate. Electric resistance or hybrid electric heat pump water heaters may qualify. A list of eligible equipment that qualify as a water heater Device can be found at the Program’s web PSE | Flex Water Heaters page.
    9.2 Program Parameters. Your Water Heater will be remotely accessed no more than 200 times per year between the hours of 7 a.m. and 10 p.m. no more than 7 times Monday through Sunday and no more than once per day. The duration of each Event is 4 hours or less.
    9.3 Notifications.You will receive no advance notice of Events.
    9.4 Opting Out.   Your water heater will not participate in the Event if the water is below its minimum tank temperature setpoint. You also have the option not to participate in the Events and can opt out through Your Device specific app, if available, or disabling participation in the Event directly through Your equipment.
    9.5 Incentives. For enrollment, You will receive a one-time Incentive of twenty dollars ($20) per Water Heater (“Enrollment Incentive”).

    If You stay enrolled, You will also receive twenty dollars ($20) per water heater per year (“Annual Incentive”).

    9.6 Incentive payment. Please allow 4 to 6 weeks after enrollment to process Your Enrollment Incentive, and 4 to 6 weeks to process Your Annual Incentive after each twelve (12) successive months of enrollment.

    All Program Incentives will be paid in the form of a customer-selected electronic gift card or Visa pre-paid card. Pre-paid cards expire within 6 months but can be extended by 6 months by contacting the Provider’s customer support, if reported lost within the first 6 months of issuance. Gift cards do not expire but cannot be reissued by Provider if lost.

    You must be actively enrolled at the time of payout to receive Your Annual Incentive.

    9.7 Provider: Uplight
    9.8 Questions or to Unenroll: If You have questions about these Terms or the Program, please contact the Program team at support@pseflex.com or by calling Uplight at 1-888-793-9347. We will communicate with You regarding questions or unenrollment at the email address provided in the enrollment form.
  10. Flex Smart + (Bainbridge and Duvall)
    10.1 Eligible Customers/Devices. Electric customers living in Bainbridge Island enrolling in Flex Smart, Flex EV, Flex Batteries, and Flex Water Heaters Programs. Duvall customers heating with gas enrolling in Flex Smart. PSE | Flex Smart+
    10.2 Program Parameters. Follows the Device specific sections above.
    10.3 Notifications. Follows the Device specific sections above.
    10.4 Opting Out. You may opt out of any Event, as supported by Your Device Manufacturer.
    10.5 Incentives. For enrollment, You will get an additional $75 enrollment bonus per Device, plus the standard Flex Incentive for eligible Devices.
    10.6 Incentive payment. Please allow 4-6 weeks after enrollment to process Your enrollment bonus. Bonuses will be paid via a check from PSE.
    10.7 Provider: Energy 350
    10.8 Questions or to Unenroll: If You have questions about these Terms or the Program, please contact the Energy 350 Program team at flexsmartplus@pse.com or by calling Energy 350 at 1-833-203-1947.
    10.9 Unenroll: If You have questions about unenrollment, please contact the Uplight Program team at support@pseflex.com or by calling Uplight at 1-888-793-9347.

    We will communicate with You regarding questions or unenrollment at the email address provided in the enrollment form.

  11. Defined Holidays
    3.1 Events will not be dispatched on the following Holidays, except in the case of a Grid Emergency:
    • New Year's Day
    • Memorial Day
    • Independence Day
    • Labor Day
    • Thanksgiving
    • Christmas Day
  12. Additional Incentives
    12.1 Limited Time Offers (LTOs). From time to time, PSE may offer additional Incentives to encourage enrollment in the Program. These LTOs will be posted on PSE’s website and will be specific to each Program with the valid dates of offer.

    Referrals. If You participate in a Program managed by Uplight, PSE currently offers ten dollars ($10) for each enrollee that You referred to such Program. To track referrals, You must use the unique referral link from Your own FlexSaver account.

    Giveaways. From time to time, PSE may offer “Flex and Win!” giveaways called (each, a “Giveaway”) for eligible residential PSE customers. For information about giveaways, visit https://www.pse.com/rebates/PSE-flex/Flex-Giveaway-terms-and-conditions.

  13. Personal Non-Commercial Use
    13.1 The Program is offered for Your own personal, non-commercial use. Any commercial utilization of the Program is expressly prohibited unless otherwise authorized by PSE. In the instance of PSE authorizing commercial use of the Program, the full Program Terms are applicable. This restriction does not apply if You are participating in Flex Business or commercial customers participating in Flex Smart where PSE has authorized participation.
  14. Costs
    14.1 PSE is not responsible for costs associated with providing the equipment, technology, or systems necessary for You to participate in the Program, including, but not limited to, Devices or internet access. You are responsible for all taxes incurred with the issuance of any Incentives under the Program. The Provider will report Incentive payments in excess of $600 received in a calendar year as income on IRS Form 1099 unless “Corporation” or “Exempt” tax status is marked on Your W-9. The Provider will collect a W-9 as part of the enrollment process for certain Program(s) or if the Provider anticipates Incentive payments to You will exceed $600. PSE can and will withhold any payments until such a W-9, if requested by the Provider, is completed and received.
  15. No Warranty; Disclaimer
    15.1 YOUR PARTICIPATION IN THE PROGRAM IS AT YOUR SOLE DISCRETION AND RISK. THE PROGRAM IS OFFERED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND. PSE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND RELATING TO THE PROGRAM, WHETHER EXPRESS, IMPLIED OR STATUTORY (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES FOR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OR NON-MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY) AND ANY WARRANTIES OR CONDITIONS ARISING UNDER ANY OTHER LEGAL REQUIREMENT. PSE MAKES NO WARRANTIES THAT THE OPERATION OF THE PROGRAM WILL BE UNINTERRUPTED OR ERROR-FREE. PSE MAKES NO GUARANTEE OF AN UNINTERRUPTED SUPPLY OF POWER.
  16. Indemnification
    16.1 To the fullest extent permitted by applicable law, You agree to indemnify, and hold PSE, its affiliates, and each of their respective shareholders, officers, directors, employees, and agents (each, an “Indemnified Party”), harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorneys’ fees and costs, arising out of or in any way connected with Your participation in the Program, the termination of Your participation in the Program, or Your inability to participate in the Program. You have no obligation to indemnify an Indemnified Party to the extent of the sole negligence, or willful misconduct of such Indemnified Party.
  17. Limitation of Liability
    17.1 YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL THE INDEMNIFIED PARTIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF YOUR PARTICIPATION IN THE PROGRAM, THE TERMINATION OF YOUR PARTICIPATION IN THE PROGRAM, OR YOUR INABILITY TO PARTICIPATE IN THE PROGRAM EVEN IF PSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE PROGRAM OR WITH ANY OF THESE TERMS, OR FEEL PSE HAS BREACHED THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE PARTICIPATION IN THE PROGRAM. THE MAXIMUM LIABILITY OF EACH OF THE INDEMNIFIED PARTIES SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00)

    Exclusions. NOTHING IN THESE TERMS SHALL ATTEMPT TO EXCLUDE OR LIMIT LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  18. General
    18.1

    Applicable Law and Dispute Resolution.   These Terms shall be governed by the laws of the State of Washington, without giving effect to any conflict of laws or principles that may require the application of the law of another jurisdiction. You hereby irrevocably consent to the exclusive jurisdiction of the courts of the State of Washington with venue laid in King County, Washington and of the U.S. District Court for the Western Division District of Washington in Seattle, Washington.

    Consent and Capacity. You represent that You are over 18 years of age and have the necessary legal authority enter into these Terms. You are solely responsible for any failure to receive necessary consents and approvals for the installation of qualifying equipment, including Devices, within Your premise or qualifying property and participation in the Program. Your participation is completely voluntary, and You can decide to withdraw at any point in the Program.

    Entire Agreement.  These Terms are the entire and exclusive agreement between PSE and You regarding the Program and do not supersede or replace any prior agreements made between You and the Provider or You and the Manufacturer. This is not a contract for utility service. Utility service provided to You by PSE remains subject to all PSE terms, conditions, rates, regulations, municipal codes, and policies.

    No Assignment. You will not assign these Terms or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of PSE. Any purported assignment or delegation by You without the appropriate prior written consent of PSE will be null and void.

    Severability and Waiver.In the Event that any provision in these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. The failure of PSE to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.