Legal Items

Southern California Edison

Nest Agreement for SCE Customers

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

Rush Hour Rewards allows you to participate in Southern California Edison Company’s (“SCE”) summer demand response program for residential customers – called “Save Power Days Incentive Plus” – using your Nest Learning Thermostat. As part of Rush Hour Rewards, Nest servers will remotely inform your Nest Thermostat of the existence of a Save Power Day, causing the Nest Thermostat to change the temperature setpoint for the air conditioner in your home on that day. At any time that you desire, you may override this temperature setpoint simply by turning your Nest Thermostat to a different temperature or using your mobile/ Web client.

Your agreement below gives Nest permission to enable Rush Hour Rewards, and for SCE to enroll you in Save Power Days Incentive Plus, pursuant to the terms and conditions below. Any additional Nest Thermostats installed at your SCE service address will be automatically enrolled in Rush Hour Rewards.

Nest will administer Rush Hour Rewards 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

Rush Hour Rewards is available to SCE residential customers who meet certain eligibility requirements. In order to participate, you must: (1) be an SCE residential bundled service account holder (where SCE provides both electricity and distribution services); (2) have an 802.11 wireless network at your SCE service address; (3) have an active Nest account linked to your Nest Thermostat; and (4) have an installed, operable and communicating Nest Thermostat controlling an air conditioner at your SCE service address.

Eligibility criteria for inclusion in the Rush Hour Rewards also includes that the customer:

• Has an eligible Edison SmartConnect meter
• Has SCE provide both energy and distribution services (bundled)
• Is not currently enrolled in Critical Peak Pricing (CPP)
• Is not currently enrolled in Medical Baseline; and
• Agrees to the terms and conditions set forth in this Agreement.

If you are currently enrolled in one of SCE’s Save Power Days options, upon your acceptance of this Agreement, Nest will contact SCE to enroll you into the Save Power Days Incentive Plus option.

Event-based Incentives

All qualifying residential SCE customers are eligible to earn a bill credit for reduced energy usage under SCE’s Save Power Days program.  You are not required to use a Nest Thermostat to be eligible to earn Save Power Days bill credits from SCE. As a residential customer, you are required to take action to enroll in Save Power Days with SCE, and can do so by visiting SCE.com. However, your use of an enabling device such as the Nest Thermostat, along with your participation in Rush Hour Rewards, automatically enables your enrollment in Save Power Days “Incentive Plus”, increasing the per kilowatt-hour credit you earn when you reduce electricity consumption during a Save Power Days event. The current Save Power Days bill credit for customers with qualifying enabling technology (Save Power Days Incentive Plus) is $1.25 per kilowatt-hour of savings. For more information on SCE’s Save Power Days programs, please visit www.sce.com.]

One Time Enrollment Rebate for Aliso Canyon (limited time through 12/31/2017)

SCE and the Southern California Gas Company (“SoCalGas®”) will be providing a one-time enrollment rebate of $125 for new customers who are customers of both SCE and SoCalGas and successfully enroll in SCE’s Save Power Days Program. The one-time enrollment rebate will be applied as a bill credit on the qualifying customer’s next scheduled SCE Electric Bill. If a customer is an SCE customer, but not a SoCalGas customer, the enrollment rebate will be $75.

Program Participation

By submitting this Agreement, you agree and certify that –

The information you have provided as part of this Agreement is truthful and you believe you meet the minimum eligibility criteria above. Nest may terminate your Agreement and not enroll you in Rush Hour Rewards 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 Rush Hour Rewards on a voluntary basis.

During your participation in Rush Hour Rewards, Nest’s servers may remotely inform your Nest Thermostat to implement Rush Hour Rewards on SCE Save Power Days. This will cause a change in the temperature setpoint for the air conditioner in your home. This adjustment will occur without any manual intervention by you. Save Power Days will be declared by SCE on the day prior to a Save Power Day; you may monitor SCE’s declaration of Save Power Days at www.sce.com.

Save Power Days incentives are event based and separate from the one time enrollment rebate. The event incentives are applied as bill credits and provided solely by SCE; the one time enrollment rebate is applied as a bill credit and provided by SCE and SoCalGas. Nest bears no responsibility for any incentives or rebates. You acknowledge that Nest is facilitating your ability to earn these incentives or rebates, 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 or rebates. Nest makes no promise of any incentive or rebate amount – your actual incentive amount will depend on your energy usage during the Save Power Days event and your enrollment in Save Power Day Incentive Plus.

You agree to use Rush Hour Rewards only in compliance with the Nest Terms of Service, Privacy Policy, any other Policies referenced in this document and on the Nest Website (https://nest.com/legal), as well as all applicable local, state, national, and international laws, rules and regulations.

You release and hold harmless Nest from any liability, claim, demand, cause of action, damage or expense resulting from your use of Rush Hour Rewards, or the release and use of your information obtained and managed as described in this Agreement and in the Nest Privacy Policy.

This Agreement is effective upon your submitting this Agreement and will continue until you or Nest terminates this Agreement or otherwise cancels your participation.  

Authorization to Receive Customer Information

By submitting this Agreement, you also give Nest and SCE the following permissions –

I authorize Nest to act as my agent in connection with my participation in Rush Hour Rewards.  SCE will provide eligibility information back to Nest for my SCE service account, which may include information regarding my participation on Critical Peak Pricing or Medical Baseline or other eligibility related information.

Nest may share certain information (your name, email address, service address, SCE account number, as well as your Nest Thermostat serial number, activation date, runtime data, set-points, and related details) with SCE. This information may be used to verify that you are eligible to participate in the program and to evaluate the comprehensive energy impact of the Nest Thermostat.

Authorization is given for the period commencing with the date of execution until I cancel this authorization, whichever comes first.

For the purpose of administering the One Time Enrollment Rebate for Aliso Canyon, and in order for SCE and SoCalGas to confirm your eligibility for their rebate, SCE will provide the eligibility information requested above to SoCalGas and to Nest, to the extent available, at no charge to me.

I declare under penalty of perjury under the laws of the State of California that I am the customer of record for the service account provided.

I certify that Nest has authority to act on my behalf and request the release of information for the account listed above and perform the specific acts and functions listed above.

I understand that SCE reserves the right to verify any authorization request submitted before releasing information or taking any action on my behalf.

I authorize SCE to release my information (name, street address, email address and phone number) to both (1) SoCalGas for the purpose of the confirmation that I am an SoCalGas customer and am eligible for the SoCalGas portion of the one-time enrollment rebate, and (2) Nest who is acting on my behalf regarding the matters listed above. I hereby release, hold harmless, and indemnify SCE from any liability, claims, demands, cause of action, damages, or expenses resulting from: (1) any release of information to Nest and SoCalGas pursuant to this authorization; (2) the unauthorized use of this information by Nest and/or SoCalGas and (3) from any actions taken by Nest and/or SoCalGas pursuant to this authorization.

I understand that I may cancel this authorization at any time by contacting SCE at (800) 655-4555.