Legal Items

ComEd

RUSH HOUR REWARDS PROGRAM AGREEMENT FOR COMED CUSTOMERS

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

Nest’s Rush Hour Rewards Program allows you to participate in a program for residential customers offered by Commonwealth Edison (“ComEd”) using your Nest Learning Thermostat. As part of the Rush Hour Rewards Program, Nest’s servers will remotely inform your Nest Learning Thermostat of the existence of a ComEd demand response event, causing the Nest Learning Thermostat automatically to change the temperature set point in your home on that day without any manual intervention by you. At any time that you desire, you may override this temperature set point simply by turning your Nest Learning Thermostat to a different temperature or using the Nest website or mobile application.

Your agreement to these terms (“Agreement”) gives Nest and ComEd permission to share data between them as follows:

• Nest may share certain information (including, but not limited to, your name, email address, service address, ComEd account number, Nest Learning Thermostat serial number, activation date, Nest account status, runtime data, set-points, and related details) with ComEd. This information may be used to verify that you are eligible to participate in the Rush Hour Rewards Program and to evaluate the comprehensive energy impact of the Nest Learning Thermostat. In addition, Nest may share with ComEd your decision to opt out of the Rush Hour Rewards Program or your deletion of your Nest account, each of which will automatically result in the termination of your enrollment in the Rush Hour Rewards Program.

• ComEd may share information about your energy usage and associated account and billing data with Nest in order for Nest to evaluate and improve its products and services. Such information includes, but is not limited to, consumption and billing data, billing records, billing history, meter usage data, and rate information. Your credit card, checking account, or similar payment information will not be shared by ComEd with Nest.

In addition, your agreement to this Agreement gives Nest permission to access and use your energy usage and billing information, to enable the Rush Hour Rewards Program and for ComEd to enroll you in ComEd’s demand response program for residential customers, pursuant to the terms and conditions below. Any additional Nest Learning Thermostats installed at your ComEd 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 (http://www.nest.com/legal) and applicable laws and regulations.

Eligibility Requirements

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

Incentive(s)

All qualifying ComEd customers are eligible to earn incentive payments or other rewards (“Incentives”) for enrolling and/or continued enrollment in ComEd’s Rush Hour Rewards Program. Incentives will be provided pursuant to the applicable ComEd offer and the automatic enrollment of additional Nest Learning Thermostats may not result in additional Incentives.

Your Incentives are provided solely by ComEd. 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 payment. Nest makes no promise of any specific Incentive amount. ComEd reserves the right to seek further information to verify your eligibility for the Incentives.

Agreement

By submitting this Agreement, you agree that:

The information you have provided as part of this Agreement is truthful and you meet the minimum eligibility requirements. Nest or ComEd 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 Nest Terms of Service, privacy policies and other policies on Nest’s website (http://www.nest.com/legal) and applicable laws and regulations.

You release and hold harmless Nest and ComEd 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, ComEd or Nest terminates this Agreement. You may cancel participation at any time during the program by calling ComEd at 630-437-3195.