Legal Items

PG&E

Rush Hour Rewards Program Agreement for PG&E 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 PG&E (“PG&E”) called “Rush Hour Rewards” 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 PG&E Rush Hour Rewards event, causing the Nest Learning 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 Learning Thermostat to a different temperature or using the Nest website or mobile application.

Your agreement to these terms (“Agreement”) gives Nest permission to access and use your energy usage and billing information, to enable the Rush Hour Rewards Program and for PG&E to enroll you in Rush Hour Rewards, pursuant to the terms and conditions below. Any additional Nest Learning Thermostats installed at your PG&E 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/legal) and applicable laws and regulations.

Eligibility Requirements

The Rush Hour Rewards Program is available to PG&E residential electric customers who meet certain eligibility requirements. In order to participate, you must: (1) be a PG&E residential electric service account holder; (2) have an 802.11 wireless network at the PG&E 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.

In addition, (1) if the Rush Hour Rewards Program is offered by PG&E 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 Learning Thermostat controlling an air conditioning unit, at your PG&E service address; and (2) if the Rush Hour Rewards Program is offered by PG&E 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 Learning Thermostat controlling a heat pump or a heating system which uses electricity as the primary source of heat at your PG&E service address.

Incentive(s)

PG&E account holders may be eligible to earn incentive payments or other rewards (“Incentives”) for enrolling and/or continued enrollment in Rush Hour Rewards Incentives will be provided pursuant to the applicable Nest offer and the automatic enrollment of additional Nest Learning Thermostats may not result in additional Incentives.

Nest makes no promise of any specific Incentive amount. Nest reserves the right to seek further information to verify your eligibility for the Incentives.

Agreement

By submitting this Agreement, you agree that:

PG&E may share information with Nest about your energy usage and associated account and billing data 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 PG&E with Nest.

Nest may share certain information (including, but not limited to, your name, email address, service address, PG&E account number, Nest Learning Thermostat serial number, activation date, Nest account status, runtime data, set-points, and related details) with PG&E 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 PG&E your decision to opt out of Rush Hour Rewards or your deletion of your Nest account, each of which will automatically result in the termination of your enrollment in Rush Hour Rewards.

Nest may share certain information (including, but not limited to, your email address) with certain third parties, including Amazon, to provide Incentives to you.

You represent and warrant that you are participating in the Rush Hour Rewards Program in your personal capacity and that you are not participating in the Rush Hour Rewards Program as a government entity, a representative of a government entity, or a government employee in your official capacity.

The information you have provided as part of this Agreement is truthful and you meet the minimum eligibility requirements. Nest or PG&E 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 (https://nest.com/legal) and applicable laws and regulations.

You release and hold harmless Nest and PG&E 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.