Legal Items

BC Hydro

Nest Rush Hour Rewards Program Agreement for BC Hydro End Users

Thank you for your interest in the Rush Hour Rewards Program, a service offered by Nest Labs, Inc. (“Nest”) in partnership with BC Hydro.

As part of the Rush Hour Rewards Program, Nest’s servers will remotely inform your Nest Thermostat of the existence of a BC Hydro Rush Hour event, causing the Nest Thermostat automatically to change the temperature setpoint in your home on that day without any manual intervention by you. At any time that you desire, you may override this temperature setpoint simply by turning your Nest Thermostat to a different temperature or using the Nest website or mobile application.

Your agreement to these terms (“Agreement”) gives Nest permission to store and use your energy usage information in our servers outside of Canada to enable the Rush Hour Rewards Program. Any additional Nest Thermostats installed at your BC Hydro service address will be automatically enrolled in the Rush Hour Rewards Program.

Nest will administer the Rush Hour Rewards Program in accordance with the Nest Terms of Service, privacy policies and other policies on Nest’s website (https://nest.com/ca/legal/) and applicable laws and regulations.

Eligibility Requirements

The Rush Hour Rewards Program is available to BC Hydro residential electric customers who meet certain eligibility requirements. In order to participate, you must: (1) be a BC Hydro residential electric service account holder; (2) have an 802.11 wireless network at the BC Hydro service address; (3) have an active Nest account linked to your Nest Thermostat; and (4) agree to the terms and conditions set forth in this Agreement.

In addition, (1) if the Rush Hour Rewards Program is offered by BC Hydro in the summer season, in order to participate in the Rush Hour Rewards Program during the summer season you must have an installed, operable Nest Thermostat controlling an air conditioning unit, at your BC Hydro service address; and (2) if the Rush Hour Rewards Program is offered by BC Hydro in the winter season, in order to participate in the Rush Hour Rewards Program during the winter season you must have an installed, operable Nest Thermostat controlling a heat pump or a heating system which uses electricity as the primary source of heat at your BC Hydro service address.

Incentive(s)

Once accepted into the Program by BC Hydro, BC Hydro account holders are eligible to earn incentive payments or other rewards (“Incentives”) for participating in the Program. Information on the Incentives is available on the BC Hydro website at https://www.bchydro.com/powersmart/residential/savings-and-rebates/current-rebates-buy-backs/nest-trial.html. Incentives will be provided in accord with the BC Hydro offer on the website. Automatic enrollment of additional Nest Thermostats may not result in additional Incentives.

Nest bears no responsibility for the Incentives. You acknowledge that Nest is facilitating your ability to earn Incentives, but Nest is not providing you any compensation or other financial benefit, and your permissions to Nest are not contingent on receipt or amount of the Incentives. Nest makes no promise of any specific Incentive amount.

Agreement

By submitting this Agreement, you agree that:

Nest may store outside Canada and share with BC Hydro certain information (including, but not limited to, your name, email address, service address, BC Hydro account number, Nest Thermostat serial number, activation date, Nest account status, runtime data, set-points, and related details) and that BC Hydro may collect that information indirectly (i.e. through Nest rather than directly from you). Your information will be shared with BC Hydro to verify that you are eligible to participate in the Rush Hour Rewards Program and to evaluate the comprehensive energy impact of the Nest Thermostat. In addition, Nest may share with BC Hydro your decision to opt out of the Program or your deletion of your Nest account, each of which will automatically result in the termination of your enrollment in the Program.

The information you have provided as part of this Agreement is truthful and you meet the minimum eligibility requirements. Nest or BC Hydro may terminate this Agreement and not enroll you, or terminate your enrollment, in the Rush Hour Rewards Program if you are not truthful in the information you submit as part of this Agreement, if you do not satisfy eligibility requirements, or for any other reason. You are using Nest’s Rush Hour Rewards Program on a voluntary basis.

You agree to participate in the Rush Hour Rewards Program in accordance with the BC Hydro terms and conditions on BC Hydro’s website (https://www.bchydro.com/powersmart/residential/savings-and-rebates/current-rebates-buy-backs/nest-trial/nest-terms-condition.html), and the Nest Terms of Service, privacy policies and other policies on Nest’s website (https://nest.com/ca/legal) and applicable laws and regulations.

You release and hold harmless Nest from any liability, claim, demand, cause of action, damage or expense resulting from your participation in the Rush Hour Rewards Program.

This Agreement is effective upon your submitting this Agreement and will continue until you or Nest cancels your participation. You may cancel participation at any time during the program by calling Nest at (855) 469-6378.