Smart Charge Hawaii Participant Terms and Conditions

Thank you for your interest in participating in the Hawaiian Electric Smart ChargeHawaii pilot (the “Pilot”) that is being offered by the Pilot partner(s)Hawaiian Electric Company (“Hawaiian Electric”) and EV.ENERGY CORP. (“”).

Your participation in the Pilot is completely voluntary and expressly conditioned on your acceptance of this Participation Agreement (“Agreement”).  Therefore, if you do not agree with any of the terms and conditions under this Agreement, including the Privacy Policy referenced below, please do not download the mobile application or attempt to participate in the Pilot.

1. Pilot Overview

The Pilot encourages eligible Hawaiian Electric drivers (“Participants”) to earn financial incentives from Hawaiian Electric for joining the Pilot; provided that the Participants follow the Pilot requirements including correctly connecting their electric vehicle (“EV”) or eligible smart charger and consenting to share their charging data with Hawaiian Electric and for the duration of the Pilot. is the administrator of the Pilot. Among other things, the mobile application will collect EV charging data to calculate the incentives due to Participants in accordance with the requirements of the Pilot.

2. Participation Requirements

Participants in the program must be at least 18 years old.  Therefore, if you are not at least 18 years old, then please do not participate in the Program. Participants agree to not participate in the Program in any way that is illegal, fraudulent, or abusive, including to harass, threaten, abuse, defame, or slander any individual.  Participants must also be located within Hawaiian Electric’s service territory and be a Hawaiian Electric electricity supply customer.

To enroll in the Pilot, the Participant must, at minimum, have a supported EV with functional onboard telematics using a 4G or 5G modem or supported charging station.  See for a current list of supported EVs and charging stations. In some cases, the vehicle Original Equipment Manufacturer ("OEM") may require you to (i) activate the vehicle’s onboard telematics function and/or (ii) purchase a subscription or pay a fee to activate and/or maintain the vehicle's onboard telematics function. These costs will be borne by you and not by Hawaiian Electric or's ability to connect to the supported vehicles is dependent on (i) OEM server uptime; (ii) stability of the internet connection in the vehicle's telematics platform; and (iii) a Participant's paid subscription to telematic service packages required by some OEMs.  In order to receive the full incentive amount, it is the Participant’s responsibility to ensure EV registration and connectivity via the mobile application at least 90 days prior to the termination of the Pilot.

Participant acknowledges and confirms that any information or response they will provide in the mobile application (such as their name, e-mail, home address, primary charging location, vehicle make/model/trim/year, and charging station information) is accurate and will remain updated throughout their participation in the Pilot.

3. Disclaimer

Hawaiian Electric and make no representations or warranties, express or implied, as to the effectiveness of the Pilot to reduce Participant's charging costs or reduce emissions. Further, Hawaiian Electric and make no representations or warranties, express or implied, regarding the reliability, performance, or operation of the Pilot.

Participant agrees that to the fullest extent permitted by law, neither nor Hawaiian Electric, nor any of their parents, subsidiaries, affiliated entities, employees, officers, directors, agents, or representatives, successors or assigns or any of them (collectively, the “pilot operators”) will be liable for any indirect, incidental, punitive, special or consequential damages whatsoever, including, without limitation, loss, damage, or injury to persons or vehicles or other property, in connection with, arising from, or related to this agreement, even if a pilot operator has been advised of the possibility of such damages.  This limitation and waiver will apply regardless of the theory of liability. Participant also agrees that in no event shall the pilot operators be responsible for problems, damages, or losses caused by participant, third parties, or by an act of God.

4. Terms of Use and Privacy Policy

In order to participate in the Pilot, Participant must agree to’s Terms of Use and Privacy Policy of  The policies may be found at and and may be updated from time to time.

5. Term

Hawaiian Electric anticipates that this Pilot will continue through December 31, 2024.  Participants may choose to leave the Pilot for any reason at any time by providing notice to of such termination by writing to  Hawaiian Electric may terminate a Participant’s participation in the Pilot if a Participant no longer meets the eligibility requirements set forth in this Agreement, or if Hawaiian Electric determines, in its sole judgment, that a Participant is no longer actively participating in the Pilot.  Hawaiian Electric reserves the right to modify or terminate this Pilot, in whole or in part, including the offering of the Pilot incentive, at any time and for any reason, without prior notice.

6. Incentives

Participants are eligible to receive up to $150 in incentives for participating in the Pilot per eligible account.  Participants will receive $75 of the $150 incentive after signing up (“Enrollment Incentive”), and the remaining $75 shortly after the Pilot ends (“Completion Incentive”) per eligible account. Participant will forfeit the remaining $75 of the Completion Incentive upon voluntary termination prior to the end of the Pilot’s Term.  At sign-up, Participants may opt to receive 10,000 HawaiianMiles through Hawaiian Airlines instead of the $150 incentive (5,000 miles in the form of the Enrollment Incentive and 5,000 miles as the Completion Incentive).  Incentive payments will be processed and paid by or Hawaiian Airlines, depending on the Participant’s choice.

7. Indemnification

Participant agrees to defend, indemnify, and hold harmless Hawaiian Electric, its members, officers, officials, agents, and employees, from and against any and all loss, liability, expense, claims, suits, and damages, including attorneys’ fees (“Claims”), to the extent arising out of or resulting from Participant’s participation in the Pilot except only to the extent that any Claims arise from the gross negligence of Hawaiian Electric.

8. Collection and Use of Participant Data

For the purpose of administering this Pilot for which the Participant is enrolling, Participant consents to Hawaiian Electric sharing information about Participant’s utility account with  Additionally, Participant consents to Hawaiian Electric and, and their respective agents, accessing data from the Participant’s connected hardware (vehicle telematics and/or smart charger), including but not limited to vehicle make/model, charger make/model, charger serial number, vehicle battery level, plug-in/unplug times, start/stop times of charging sessions, kWh of energy consumed, vehicle location and similar data (“Collected Data”) and sharing aggregated and anonymized Collected Data with each other for purposes of administering rebates and evaluating the Pilot.

9. Participant Feedback and Data Collection

Participant will cooperate in good faith with Hawaiian Electric or its authorized representative in performing evaluation, measurement, and verification (EM&V) of the Pilot.  Hawaiian Electric will use Collected Data to evaluate the Pilot and for future planning purposes, including, but not limited to, assessing customer experience, measuring potential retail bill savings to customers, avoiding energy supply costs to Hawaiian Electric, and reducing emissions.  Additionally, Hawaiian Electric may request that Participants complete surveys during and after the conclusion of the Pilot.  Hawaiian Electric may use and publicize anonymized quotes from Participant surveys in promotional materials.

10. Assignment

This Agreement is personal to Participant.  Participant may not assign or transfer rights or delegate obligations under this Agreement.

11. Law and Venue

This Agreement shall be interpreted and enforced in accordance with the laws of the State of Hawaii without reference to its principles on conflicts of laws.