Battery Grid Program Notice

More Information About The Battery, and What it Does for You and EnFin

The System installed on your Property includes the PV panels and inverter equipment that generates power (the “Solar Energy System“), and battery equipment that stores power (the “Battery“). This Notice describes how the Battery works, what it can do for you, and how EnFin, its affiliates, or its designated partners (each referred to as “Grid Program Servicer” in this Notice) may use it in partnership with you and your utility company (your “Utility“).

1. How Does the Battery Work?

The Battery stores power that is generated by the Solar Energy System. It may also store power that it receives from your Utility. The power stored by the Battery can then be used for different purposes, which are described in detail below. For more details about how the Battery works, please refer to the applicable Batteries Section of your Power Purchase Agreement (“Agreement”).

Your Agreement provides that EnFin, and/or the Grid Program Servicer can control when and how the Battery receives and stores power, and when to discharge the Battery (which ordinarily means sending power to the Utility). Your Agreement also provides that EnFin owns the Battery and the Solar Energy System and that you are receiving the benefit of the power that the Solar Energy System produces and certain benefits from the Battery that are described in this Notice and the Agreement.

2. What Can the Battery Do For Me?

The Battery is set up to provide some power to your home in the event of an outage. The Grid Program Servicer will control the Battery, and the Battery can be set up to preserve a certain amount of power for you to use in the event of an outage (the “Backup Reserve“). The Grid Program Servicer will communicate with you to set the Backup Reserve, and then will operate the Battery as follows:

  • The Backup Reserve will be the “floor” for EnFin, and the Grid Program Servicer will not discharge the Battery below the Backup Reserve. For example, if the Battery is full and the Grid Program Servicer chooses to send power from the Battery to the Utility (as described in more detail below), the Grid Program Servicer will stop discharging at or before the Backup Reserve is reached.
  • The Grid Program Servicer will not discharge the Battery at all if it is below the Backup Reserve at the time of a Grid Event (as defined below). For example, if at the time of a Grid Event the Battery’s stored power is below the Backup Reserve, the Battery will not be discharged.

The Battery is also set up to provide power to the Utility in ways that may help reduce your electricity costs and improve the reliability of the power grid. Different names and terms are used to describe when the Battery provides power to a utility, including “Grid Services,” “Demand Response,” and “Virtual Power Plants” or “VPPs.” We will use the term “Grid Programs” to explain more about these programs. As part of your participation in Grid Programs, you may be offered rewards from the Grid Program Servicer. The Grid Program Servicer will provide you more details about any applicable reward opportunities as part of the process of enrolling the Battery in a Grid Program.

3. How Will the Grid Program Servicers Use The Battery for Grid Programs?

The Grid Program Servicer participates today, and plans to participate in the future, in various forms of Grid Programs. Consistent with your Agreement, EnFin owns the Battery and the Solar Energy System and as part of participating in Grid Programs, the Grid Program Servicer will control the Battery generally. The Grid Program Servicer may send power from the Battery to your home or the Utility as part of a Grid Program (“Grid Events“). The Grid Program Servicer is under no obligation to notify you of a Grid Event.

The Grid Program Servicer will only send power to the Utility over and above the Backup Reserve, and will not send power to the Utility if at the time of a Grid Event the Battery is below the Backup Reserve.

Your Agreement contemplates that, as the owner of the Battery and the Solar Energy System, EnFin (or the Grid Program Servicers) will benefit from any Grid Programs to which the Battery and/or Solar Energy System owner may be entitled. This means that the Grid Program Servicers will separately negotiate and receive all revenues, capacity payments, incentives, rebates, market proceeds, or other consideration arising from any such Grid Programs to which the Battery and/or Solar Energy System owner may be entitled and that you have no ownership interest, entitlement, or claim to any portion of those amounts, nor shall any such compensation reduce or offset the TPO payment or any other amount owed under the Agreement. However, as noted above, as part of your participation in Grid Programs, you can earn rewards, and under some circumstances may be entitled to benefits directly from the Grid Programs. The Grid Program Servicer will provide you more detail about any applicable reward and benefit opportunities as part of the process of enrolling the Battery in a Grid Program.

4. What Is Required of Me?

As mentioned above, since EnFin owns the Battery and the Grid Program Servicer may control how and when the Battery receives, stores, and discharges power. You may be asked to complete or cooperate with the Grid Program Servicer to assist with certain administrative actions on your behalf as follows:

  • Some Grid Programs will require you to participate with the Grid Program Servicer in the Grid Program. If your participation is required, it will be as the homeowner, the customer of the Utility, EnFin’s customer, or some combination of those. Consistent with your Agreement, the Grid Program Servicer may enroll you and the Battery in Grid Programs.
  • As part of your participation in Grid Programs, you may be required to complete and submit forms, provide information and authorization through webpage links, or otherwise complete certain tasks. The Grid Program Servicer may complete tasks of this nature on your behalf. In the event the Grid Program Servicer is not able to complete them for you, your cooperation with the Grid Program Servicer to complete tasks of this nature may be necessary.
  • As part of your participation in Grid Programs, you can earn rewards from the Grid Program Servicer. The Grid Program Servicer will provide you more detail about any applicable reward opportunities as part of the process of enrolling the Battery in a Grid Program.
  • Some Grid Programs require that the Grid Program Servicer provide certain specific information and disclosures to you. That may mean that in addition to this Notice you also receive a different notice or other documentation with information about a particular Grid Program. This Notice and any additional disclosures or information are intended to be read and understood together.
  • You may not participate in Grid Programs without the Grid Program Servicer because EnFin owns the Battery. Your Agreement includes restrictions on participation in Grid Programs without EnFin’s knowledge and involvement.

By participating in Grid Programs and as part of your Agreement, you may not use any electricity producing technology at your Property that is fueled by diesel, natural gas, gasoline, propane, or liquefied petroleum gas (together, “Prohibited Fuels”) during any Grid Event. If you bring any technology powered by Prohibited Fuels to your Property during the term of the Agreement, then the Grid Program Servicer may terminate any Grid Programs that it is participating in at that time.

Miscellaneous Terms & Conditions

Some Grid Programs will require you to make information available to the Utility and others who are part of the Grid Program about your use of electricity, and to agree that the Utility may make this electricity usage information available to others. Making this electricity usage information available to the Grid Program Servicer, the Utility, and to others involved in running Grid Programs, is described in more detail below:

  • Participation in Grid Programs will involve the Grid Program Servicer, the Utility, and others involved in running Grid Programs (together, the “Data Access Parties“) having access to certain of your personal identifiable information and energy use data, including without limitation your name, address, energy usage, utility account number, Battery information, Solar Energy System information, data generated from the Grid Program and other personal information, collectively referred to as “Data”. Data Access Parties will use the Data for a variety of purposes, including:
    • to provide demand response, generation, and/or grid services;
    • to build data models to administer and improve demand response, generation and grid services;
    • to send information including confirmations, alerts and support and administrative messages;
    • to respond to and resolve invoicing or billing disputes; and
    • to communicate with you through email or any other medium that you have authorized to provide you with information, updates and marketing about Data Access Parties’ services.
  • The Data Access Parties may act as your agent and to use your personal identifiable information to authorize the sharing of your utility data with Data Access Parties.
  • The Grid Program Servicer may act as your agent in connection with providing Data to other Data Access Parties.
  • Data Access Parties may collect, use, store, and disclose the Data in accordance with EnFin’s privacy policy located on our website at https://www.enfin.com/privacy-policy/.

The Grid Program Servicer, and its employees and representatives, as well as its partners and affiliates (“Communicating Parties”) may communicate with you about Grid Programs and this Agreement using an automatic telephone dialing system and through the delivery of artificial and/or prerecorded voice messages, as described in more detail below:

  • The Communicating Parties may make these communications to any telephone number (including any wireless, landline, and voice over IP number) that you have given or give to the Communicating Parties. The Communicating Parties may communicate with you by email, which may include marketing related emails, at any email address you have provided or provide to the Communicating Parties. The Communicating Parties may always communicate with you in any manner permissible by law that does not require your prior consent. Anyone with access to your telephone or your email account may listen to or read these communications, including text messages and voicemail messages.
    • The Communicating Parties will not be liable for anyone accessing the communications or for any charges that you incur in connection with any communications.
    • Notify us immediately if any information you have provided to us changes, such as if you change telephone numbers, email addresses or are no longer the subscriber or usual user of a telephone number that you have given to the Communicating Parties. The Communicating Parties may monitor and record your telephone calls and other communications with the Communicating Parties.
    • To opt out of calls or text messages made with an automatic telephone dialing system and/or prerecorded and/or artificial voice messages, to the extent you have a right under applicable law, you may write to us at customercare@enfin.com or EnFin Corp., 300 Spectrum Center Drive, Suite 500, Irvine, CA 92618. To stop receiving marketing emails, you may contact us as set forth above or follow the opt-out instructions provided at the bottom of any such email (if applicable).

EnFin expressly disclaims all warranties of any kind relating to Grid Programs, whether express, implied or statutory including but not limited to any implied warranties for conditions, merchantability, fitness for a particular purpose, title, non-infringement or misappropriation of intellectual property rights.

In no event will the Grid Program Servicer indemnify you for any loss or injury to you or your property caused by this Notice or Grid Programs. In no event will the Grid Program Servicer be liable for any direct, indirect, incidental, special or consequential damages arising in connection with Grid Programs, including but not limited to reduced charging of the Battery during a power outage that causes a loss of power, or any other loss of power for whatever reason.

The Grid Program Servicer may terminate your participation in Grid Programs at any time without cause by providing you written notice of termination.

Arbitration Requirement and Class Action Waiver. The provisions contained in the Dispute Resolution section(s) of your Agreement govern any dispute, claim, or controversy arising out of or relating to this Notice.