Effective Date: November 7, 2025

Last updated: November 7, 2025

This Data Services Agreement (this Agreement) is entered into by and between Eversource Energy Service Company and its affiliates doing business as Eversource Energy (“Eversource”) and the entity or individual (the “Data Recipient” or “you”) seeking to obtain Customer (as defined below) utility account, billing and usage data (“Utility Data”) through the Eversource’s Green Button Connect data sharing platform and related services (the Service). This Agreement is effective as of the day you check a box or otherwise indicate your acceptance of the terms of this Agreement (the “Effective Date”).

BY CHECKING A BOX INDICATING YOUR ACCEPTANCE OF THIS AGREEMENT, YOU AGREE TO THE TERMS OF THIS AGREEMENT. BY INDICATING YOUR ACCEPTANCE TO THIS AGREEMENT, YOU REPRESENT THAT YOU ARE AN AGENT OF DATA RECIPIENT AND HAVE THE AUTHORITY TO BIND DATA RECIPIENT TO THE TERMS AND CONDITIONS IN THIS AGREEMENT. IF YOU DO NOT HAVE SUCH AUTHORITY, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.

If you do not agree to this Agreement, do not register or use the Service.

In consideration of being granted access to Utility Data, Data Recipient hereby accepts and agrees to be bound by this Agreement and further acknowledges that Eversource is relying upon the Data Recipients’ representations, warranties, covenants, agreements and acknowledgments contained herein.

1. Definitions

“Affiliate” means any entity which directly or indirectly controls, is controlled by, or is under common control with the subject entity. “Control,” for purposes of this definition, means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity.

“Applicable Laws” means, with respect to any Party, any certificate of incorporation, articles of association, and as applicable, by-laws or other organizational or governing documents of such Party, and, with respect to the Parties, any applicable laws (including common law and national, federal, state, provincial and local laws), codes, statutes, ordinances, rules, regulatory bulletins, and guidance (including those of any regulatory bodies or agencies), regulatory examinations or orders, decrees and orders of any country, the European Union, or other national, federal, commonwealth, state, provincial or local jurisdiction as may be amended and in effect from time to time during the term of this Agreement.

“Confidential Information” means all information disclosed by a party (“Disclosing Party”) to the other party (“Receiving Party”), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Except as otherwise specifically provided in this Agreement, Data Recipient’s Confidential Information includes Data Recipient Data; Eversource’s Confidential Information includes the Services; and Confidential Information of each party includes the terms and conditions of this Agreement, as well as business and marketing plans, technology and technical information, patents, copyrights, trade secrets or other intellectual property of any kind of nature, and strategies disclosed by such party. However, Confidential Information does not include any information that (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party, (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party, (iii) is received from a third party who rightfully possess the information without confidential or proprietary restrictions, or (iv) was independently developed by the Receiving Party.

“Customer” means the customer that receives electric services from Eversource.

“Customer Consent” means (a) the explicit, written approval granted by a Customer for its Utility Data to be accessed or shared with Data Recipient; (b) taking the form of an executed Account Holder Authorization or another format expressly authorized in writing by UtilityAPI; or (c) authorization for the access or sharing of Utility Account Holder’s Utility Data with the Data Recipient pursuant to regulatory order or applicable law, subject to the Utility Account Holder’s right to withdraw their consent at any time.

2. Service

Eversource uses the UtilityAPI, Inc. platform and services for third party data access functionality. When you register to use this Service, an account will be created on UtilityAPI's system to enable you to access the Utility Data that Eversource Customers have consented to share with you. By agreeing to this Agreement, you also agree to the UtilityAPI’s Data Services Agreement.

3. Data Recipient Responsibilities

In consideration of being granted and continuing to receive access to the Service you and your representative’s will at all times:

a. only use Utility Data for the purposes for which the Customer Consent was provided and only disclose Utility Data to third-parties in accordance with the Customer Consent.

b. be solely responsible for its compliance with all Applicable Laws, regulations, and duties imposed on the collection, use, and treatment of Utility Data. Data Recipient understands that UtilityAPI and Eversource have no obligation to inform Data Recipient of such laws, regulations, and duties.

c. not make or purport to make any representations or warranties to, or agreements with, Customers on behalf of Eversource.

d. upon Eversource’s request, provide complete and correct information on any matter related to this Agreement (including your use of or access to the Service and Customer Data) and, if further requested by Eversource, any subsequent clarifying information in a reasonable and timely manner and no later than five (5) Business Days after each request for information.

e. maintain appropriate privacy, security and other measures, controls and technologies to comply with all obligations described herein and to protect Utility Data and Eversource against unauthorized or unlawful processing and against accidental use, loss, destruction, damage, alteration, or disclosure which measures shall be regularly updated in accordance with industry standard practices.

4. Privacy Policy

Before seeking Consent, Data Recipient will provide Customer with notice of their privacy practices with respect to how Data Recipient will use, share, or otherwise treat Utility Data. The notice of privacy practices must comply with Applicable Laws, and Data Recipient will comply with its notice of privacy practices.

5. Warranty Disclaimer

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE AND THE UTILITY DATA IS AT YOUR SOLE RISK AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE AND THE UTILITY DATA IS PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE ACCURACY, QUALITY OR VALIDITY OF THE UTILITY DATA. EXCEPT AS REQUIRED BY APPLICABLE LAW, EVERSOURCE HEREBY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE SERVICE AND THE UTILITY DATA, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE AND NONINFRINGEMENT OF THIRD-PARTY RIGHTS OR OTHER VIOLATION OF RIGHTS.

EVERSOURCE FURTHER DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY WARRANTIES AGAINST INTERFERENCE WITH YOUR QUIET ENJOYMENT OF THE SERVICE AND THE UTILITY DATA THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED BY EVERSOURCE WILL MEET YOUR REQUIREMENTS, AND THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR- FREE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US, OUR REPRESENTATIVES, OR LICENSORS SHALL CREATE ANY SORT OF WARRANTY.

6. Term and Termination

Data Recipient may terminate this Agreement at any time for any reason. Eversource may terminate this Agreement immediately if for any reason it ceases to provide the Service. Eversource may also terminate or suspend this Agreement and/or Service immediately if Data Recipient:

a. fails to comply with any of the terms of this Agreement;

b. infringes any intellectual property right of Eversource or a third party, or engages in any other activities prohibited by law;

c. access to the Service represents an imminent threat of damage to physical security, cyber-security or safe and reliable operation of Eversource’s facilities or systems; or

d. breaches any agreement it has with Customers.

While Eversource is entitled to terminate or suspend this Agreement without notice if any of the above occurs, Eversource, if practicable and at its sole discretion, will provide notice and give the Data Recipient time to cure any such breach or deficiency. If any of the above occurs, Eversource will provide notice and if practicable, a reasonable time to cure.

7. Indemnification

To the extent permitted by applicable law, Data Recipient covenants and agrees to indemnify, defend and hold harmless Eversource and its Affiliates and their respective officers, directors, employees and contractors, from and against any and all claims, demands, penalties, suits, losses, costs, expenses, obligations, liabilities, damages, recoveries and deficiencies, including investigatory costs, reasonable attorneys’ fees, and any other claims, obligations, payments and costs, however they may be described and arise, that Eversource shall incur or suffer resulting from or arising out of: (a) the failure of the Data Recipient to comply with all Applicable Laws applicable to the Utility Data or the use thereof; (b) any breach by Data Recipient of this Agreement; (c) unauthorized use, disclosure or destruction of the Utility Data; (d) any actual or alleged infringement of any intellectual property rights by Data Recipient goods or services that receive the Utility Data, or Customer’s use of any Data Recipient goods or services; or (d) any acts or omissions of Data Recipient with respect to Data Recipient’s use of the Utility Data or use of the Service.

8. Limitation of Liability

EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL EVERSOURCE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT OR PUNITIVE LOSS OR DAMAGE OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICE OR THE UTILITY DATA (INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF BUSINESS OR GOODWILL, LOSS OF USE, BUSINESS INTERRUPTION, PERSONAL INJURY, DEATH, LOSS OF DATA OR ANY PECUNIARY LOSS, EVEN IF SUCH PARTIES OR ANY ONE OF THEM HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE OR ANY CLAIM BY ANY THIRD PARTY), HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF EVERSOURCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH ANY OF THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE OFFERED SERVICE.

9. Confidentiality

Protection of Confidential Information

Except as otherwise specifically provided in this Agreement, or with advanced written authorization by the Disclosing Party, each Party covenants and agrees that it will not use, or publish, communicate, divulge, or disclose to any person, firm, or corporation any Confidential Information of any other Party, except as necessary in the performance of the terms of this Agreement or as otherwise permitted by this Agreement. The Receiving Party will use the same degree of care that it uses to protect the confidentiality of its own confidential information of like kind (but not less than reasonable care). Liability for damages due to disclosure of the Confidential Information by any such third party shall be with the Party that disclosed the Confidential Information to the third party. Neither party will disclose the terms of this Agreement to any third party other than its Affiliates, legal counsel and accountants without the other party’s prior written consent, provided that a party that makes any such disclosure to its Affiliate, legal counsel or accountants will remain responsible for such Affiliate’s, legal counsel’s or accountant’s compliance with this Section 9.

Compelled Disclosure

In the event that the recipient of Confidential Information is requested or becomes legally compelled to disclose any Confidential Information of the other Party, it is agreed that the Receiving Party will provide the Disclosing Party with prompt written notice of such request(s) to enable the Disclosing Party, at its sole cost and expense, to seek a protective order or take other lawful steps to protect and preserve the confidential nature of the Confidential Information, and the Receiving Party will cooperate with such efforts by the Disclosing Party. Each Party agrees that it will furnish only that portion of the Confidential Information which is legally required and will exercise reasonable efforts to obtain reliable assurance that confidential treatment will be accorded to that portion of the Confidential Information and other information which is being disclosed.

10. Utility Data Retention & Destruction

The Data Recipient shall destroy or delete Utility Data in accordance with (i) written instructions from Eversource to delete and all Utility Data following termination of the Data Recipients right of access to the Service, (ii) a request from a Customer to delete or destroy Utility Data, or (iii) in accordance with the terms of this Agreement and Applicable Law.

11. Notification of Security Incidents

Data Recipient will immediately notify Eversource upon discovery of any actual or suspected breach or compromise of the privacy, security, confidentiality, or integrity of Customer Data, the Data Recipient’s systems relevant to Customer Data, or the Services (an “Incident”). Upon such notice, Data Recipient will assist Eversource in remediating or mitigating any potential damage.

Such notice shall include:

a. a brief summary of the issue, facts and status of the Data Recipient’s investigation of the Incident;

b. the potential number of Customers affected by the Incident; and

c. any other information pertinent to Eversource’s understanding of the Incident.

12. Governing Law

This Agreement, and any disputes arising out of or related hereto, shall be governed exclusively by the internal laws of the Commonwealth of Massachusetts without regard to its conflicts of laws rules.

13. Venue: Waiver of Jury Trial; Fees

The state and federal courts located in Boston, Massachusetts shall have exclusive jurisdiction to adjudicate any dispute arising out of or relating to this Agreement. Each party hereby consents to the exclusive jurisdiction of such courts. Each party also hereby waives any right to jury trial in connection with any action or litigation in any way arising out of or related to this Agreement. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover its reasonable costs and attorneys’ fees

14. Assignment

Eversource shall have the right to assign this Agreement or any rights hereunder without the consent of Data Recipient in the event of a merger, sale of assets or business, or other transfer of control by operation of law or otherwise, provided that the assignee shall assume all obligations and rights hereunder. Data Recipient may not assign its rights or obligations hereunder without the prior written approval of Eversource, which may be arbitrarily withheld.

15. Severability

If any term, provision or part of this Agreement is to any extent held invalid, void or unenforceable by a court of competent jurisdiction, the remainder of this Agreement will not be impaired or affected thereby, and each term, provision and part will continue in full force and effect and will be valid and enforceable to the fullest extent permitted by law.

16. Waiver

The waiver by any party of a breach of and/or other non-compliance with any provision of the Agreement shall not operate or be construed as a waiver of any subsequent breach or non-compliance.

17. Force Majeure

Neither party shall be liable hereunder by reason of any failure or delay in the performance of its obligations on account of events beyond the reasonable control of such party, which may include denial-of-service attacks, strikes, shortages, riots, fires, acts of God, war, terrorism, cyber-warfare, state-sponsored attacks, and governmental action.

18. Relationship of the Parties

The parties are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties.

19. Notices

Except as otherwise set forth herein, all notices under this Agreement will be in writing addressed to (i) Eversource by email to  Legal_Department@eversource.com or by mail to Eversource Legal Department, 107 Selden Street, Berlin, CT 06037; or (ii) Data Recipient’s address or Data Recipient’s email provided in the registration page, and will be deemed to have been duly given (a) when received, if personally delivered; (b) the first business day after sending by email; (c) the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and (d) upon receipt, if sent by certified or registered mail, return receipt requested.

20. Publicity

Neither Party will use the name or marks of, refer to, or identify the other Party (or any related entity) in publicity releases, interviews, promotional or marketing materials, public announcements, customer listings, testimonials or advertising without the prior written consent of the other Party.

21. Amendment

Eversource reserves the right to modify this Agreement at any time. You acknowledge and agree that Eversource has the right in its sole discretion, to modify the Agreement from time to time, and that the modified terms become effective on posting or delivery of the notice.

22. Headings

The headings used in this Agreement are for reference only and do not define, limit, or otherwise affect the meaning of any provisions hereof.

23. Entire Agreement

This Agreement constitutes the entire agreement between Eversource and you regarding your use of t the Service and supersede all prior negotiations, agreements, and understandings with respect to the subject matter, and no addition to or deletion from or modification of any of the provisions hereto shall be binding upon Eversource unless made in writing and signed by an authorized representative of Eversource.