Legal Items

SCE Study

TOU Pilot Study Agreement for SCE Customers

Thank you for your interest in the Time of Use Pilot Study (“TOU Pilot Study”), a study offered by Southern California Edison Company (“SCE”) using your Nest Learning Thermostat.

With the goal of creating a product that can help SCE customers save money on time-of-use rate plans, SCE will work with Nest Labs, Inc. (“Nest”) as part of the TOU Pilot Study to understand how SCE customers use their Nest Learning Thermostat to manage electricity use in response to their time-of-use pilot rate schedule. In addition, as part of the TOU Pilot Study, Nest will remotely manage your Nest Learning Thermostat, including changes to the temperature setpoint 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 receive your TOU Pilot Study rate schedule from SCE, and to use the rate schedule in support of the TOU Pilot Study, and for SCE to enroll you in the TOU Pilot Study, pursuant to the terms and conditions below. Any additional Nest Learning Thermostats installed at your SCE service address will be automatically enrolled in the TOU Pilot Study.

Nest will administer TOU Pilot Study 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

TOU Pilot Study is available to SCE residential electric customers who meet certain eligibility requirements. In order to participate, you must: (1) be a SCE residential electric service account holder and agree to enroll in a TOU Pilot Study rate schedule; (2) have an 802.11 wireless network at the SCE 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; and (5) comply with the terms and conditions of any TOU Pilot Study tariff of SCE.

In addition, in order to be eligible to participate in the Study, you must have an installed, operable Nest Learning Thermostat controlling an air conditioning unit, at your SCE service address.

Incentive(s)

SCE account holders are eligible to earn incentive payments or other rewards (“Incentives”) for enrolling and/or continued enrollment in TOU Pilot Study. Incentives will be provided pursuant to the applicable SCE TOU Pilot Study tariff and the automatic enrollment of additional Nest Learning Thermostats may not result in additional Incentives.

The Incentives are provided solely by SCE. 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. SCE reserves the right to seek further information to verify your eligibility for the Incentives.

Agreement

By submitting this Agreement, you agree that:

You authorize Nest to act as your agent in connection with your participation in the TOU Pilot Study. You certify that Nest has authority to act on your behalf and request the release of information certain information to Nest by SCE (including information about your assigned TOU Pilot Study rate schedule) in order for Nest to enable the TOU Pilot Study and to evaluate and improve its products and services. No other personal information will be shared by SCE such as your credit card, checking account, or similar payment information.

Nest may share certain information (including, but not limited to, your name, service address, SCE account number and email address) with SCE to verify that you are eligible to participate in TOU Pilot Study, to allow Nest to provide the TOU Pilot Study to you, and to evaluate the comprehensive energy impact of the Nest Learning Thermostat. In addition, Nest may share with SCE your decision to opt out of TOU Pilot Study or your deletion of your Nest account, each of which will automatically result in the termination of your enrollment in TOU Pilot Study.

The information you have provided as part of this Agreement is truthful and you meet the minimum eligibility requirements. Without limiting the generality of the foregoing, you declare under penalty of perjury under the laws of the State of California that you are the customer of record for the SCE service account provided. Nest or SCE may terminate this Agreement and not enroll you, or terminate your enrollment, in the TOU Pilot Study 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 participating in the TOU Pilot Study on a voluntary basis.

You agree to participate in TOU Pilot Study 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, hold harmless, and indemnify Nest from any liability, claim, demand, cause of action, damage or expense resulting from (1) any release of information to SCE pursuant to this Agreement; (2) the use of any information in accordance with the terms of this Agreement; (3) any actions taken by Nest pursuant to this Agreement; and (4) your participation in TOU Pilot Study.

Nest reserves the right to make changes to this Agreement. We will notify you of any changes to this Agreement by email or on the SCE customer portal.

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