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”) demand response program for residential customers called “Smart Energy Program” – using your Nest thermostat. As part of Rush Hour Rewards, Nest servers will remotely inform your Nest thermostat of the existence of a Rush Hour Rewards event, causing the Nest thermostat 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 gives Nest permission to enable Rush Hour Rewards, and for SCE to enroll you in the Smart Energy Program, pursuant to the terms and conditions contained herein (for Rush Hour Rewards) and at https://www.sce.com/wps/portal/home/tnc/Save-Power-Day-Incentive-Plus-Program-Terms-and-Conditions/ (for SCE’s Smart Energy Program). 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; (4) have an installed, operable and communicating Nest thermostat controlling an air conditioner at your SCE service address; and (5) agree to the terms and conditions set forth in this agreement.

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

  • Has an eligible SmartConnect® meter
  • Is receiving service under rate schedule D, D-CARE, D-FERA, TOU-D or TOU-D-T
  • Is not currently enrolled in any of the following programs, rate schedules, rate options or services:
    • Demand Response programs or rates offered by Non-Utility Demand Response Service Providers
    • All types of Medical Baseline Allocations
    • Critical Peak Pricing (CPP)
    • Domestic Multiple (DM)
    • Domestic Multiple 1 (DMS-1)
    • Domestic Multiple 2 (DMS-2)
    • Domestic Multiple 3 (DMS-3)
    • Community Choice Aggregation (CCA) Service
    • Direct Access (DA) Service
    • Summer Discount Plan

Incentives

SCE account holders are eligible to earn incentive payments or other rewards (“Incentives”) for enrolling and/or continued enrollment in the Smart Energy Program. Incentives will be provided pursuant to the applicable SCE terms and conditions and the automatic enrollment of additional Nest thermostats may not result in additional Incentives. For additional details regarding the Incentives offered by SCE for enrolling and/or continued participation in the Smart Energy Program, please visit https://pages.email.sce.com/SCESmartBonus/.

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.

Program Participation

By submitting this agreement, you agree and certify that –

The information you have provided as part of this agreement is truthful, you meet the minimum eligibility criteria above, and you agree to all of the terms and conditions set forth herein. Nest or SCE may terminate this agreement and not enroll you, or terminate your enrollment, in Rush Hour Rewards if you are not truthful in the information you submit as part of this agreement, if you do not satisfy the eligibility requirements, or for any other reason. You are using Rush Hour Rewards on a voluntary basis.

You agree to use Rush Hour Rewards only in compliance with the Nest Terms of Service, privacy policies, any other policies on Nest’s website (https://www.nest.com/legal), as well as all applicable laws and regulations.

You agree that SCE bears no responsibility for the Nest device or equipment, and you release and hold harmless SCE and 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 policies.

This agreement is effective upon your submitting this agreement and will continue until you, SCE, 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 may provide eligibility information back to Nest for my SCE service account, which may include information regarding my participation in other rates, programs or services, like Summer Discount Plan, Medical Baseline or other eligibility related information.

Nest may share certain information (your name, email address, service address, SCE account number, as well as my Nest thermostat serial number, activation date, runtime data, set-points, and related details) with SCE. This information may be used to verify that I am 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 any Rebates for which I am eligible, and in order for SCE to confirm my eligibility, SCE will provide the eligibility information requested above 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 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 pursuant to this authorization; (2) the unauthorized use of this information by Nest and (3) from any actions taken by Nest pursuant to this authorization.

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