Nest Terms of Service

Last Updated: 19 August 2019

Thanks for using Nest devices and services. Nest devices and services are one of the 'Services' provided under the applicable Google Terms of Service ('Google ToS') by Google LLC (or Google Ireland Limited, as applicable, if you’re based in the European Economic Area or Switzerland). Your use of the Nest devices and services is subject to these terms ('Nest Terms' or 'these terms') in addition to the Google ToS. If there is any conflict between these Nest Terms and the Google ToS, these terms will take precedence.

The 'Nest devices and services' for purposes of these terms consist of:

  • the following Nest-branded hardware devices and features (collectively, 'Nest Devices'): Nest thermostats, Nest Cams, any Nest-branded smart display device that includes a 'Nest Cam' feature, Nest video doorbells, Nest security alarm systems, Nest door locks and Nest smoke + CO alarms; and
  • the services that we provide in connection with the Nest Devices, such as the Nest web apps (like home.nest.com), the Nest mobile apps, the Google Home app (but only when used to manage these Nest devices and services), and other connected home services that we provide that are built specifically for these devices (including any subscription services such as energy programmes and Nest Aware), but excluding Google services (such as Google Assistant, YouTube, Google Maps, Google Duo and the like) that can be used with the Nest Devices and also with other Google products or devices.

Age Requirements

You must be at least 13 years old to use the Nest devices and services (or such greater age as required in your country for you to be authorised to use the Nest devices and services without parental approval). However, such age limits do not restrict your use of Family Link-managed Google Account where otherwise permitted with any Nest devices and services.

Using Nest Services

Nest Services. When you use a Google Account with Nest devices and services: (i) Google will provide the Nest devices and services to you, but it may engage Nest Labs, Inc. and other affiliates or companies as service providers to provide some or all of the Nest devices and services to you, acting on Google’s behalf and subject to Google’s instructions; and (ii) to the extent that you sign up to any programme terms with third-party partners for programmes integrated with the Nest devices and services (such as energy programmes), any references to the Nest Terms of Service in those programme terms will mean the Google ToS and these terms, and any reference to Nest privacy policies will mean the Google Privacy Policy.

Statutory guarantees. Legislation in some jurisdictions may imply warranties, conditions or guarantees or impose obligations which provide you with certain consumer rights under applicable law. In some countries, such provisions cannot be excluded, restricted or modified except to a limited extent and these terms must be read subject to such statutory provisions.

Automatic Software Updates. We may, from time to time, develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of the Nest devices and services. These may be automatically installed without providing any additional notice or receiving any additional permissions from you. You agree to receive these automatic updates. If you do not want such updates, you should stop using the Nest devices and services.

Third-Party Services. The Nest devices and services may allow you to access, use or interact directly with third-party websites, apps, content, products and other services, including Pro Monitoring (as defined below). Please note that when you use third-party services, their own terms and privacy policies, in addition to the Google ToS and these terms, as applicable, will govern your use of those services.

Some Limitations on the Use of the Nest Devices and Services. The Nest devices and services are not certified for dispatch of emergency response unless expressly approved and certified as enabled for central station monitoring through a professional monitoring facility (such expressly approved and certified Nest devices and services, the 'Pro Monitoring Enabled Nest Devices') UNDER NO CIRCUMSTANCES WILL GOOGLE DISPATCH EMERGENCY SERVICES TO YOUR HOME IN THE EVENT OF AN EMERGENCY. To the fullest extent permitted by applicable law (but subject to the provisions regarding 'Statutory guarantees' above), Google makes no warranty or representation that the use of the Nest devices and services (including any Pro Monitoring Enabled Nest Devices or any third-party monitoring services used in connection with the Nest devices and services) will improve safety.

Central Station Monitoring for Pro Monitoring Enabled Nest Devices. Third-party professional central monitoring providers ('Monitoring Providers') may make available services that provide professional monitoring and related emergency notification and dispatch of emergency authorities ('Pro Monitoring') in connection with Pro Monitoring Enabled Nest Devices. If you enter a Pro Monitoring plan, you are contracting directly with the Monitoring Provider (and not Google) to provide the Pro Monitoring. The Monitoring Provider and Google are independent companies, and there is no partnership, agency or subcontractor relationship between them. PRO MONITORING IS ONLY DESIGNED TO WORK WITH PRO MONITORING ENABLED NEST DEVICES. DO NOT ATTEMPT TO USE PRO MONITORING WITH ANY NEST DEVICES AND SERVICES OTHER THAN PRO MONITORING ENABLED NEST DEVICES.

Permits and Registration for Pro Monitoring. Some local governments have permit or registration requirements for use of the Nest devices and services with Pro Monitoring. Without the required permit or registration, emergency responders may not respond to requests from a Monitoring Provider, or you could be responsible for fines or other penalties. You are solely responsible for having any required permits or registrations for use of Pro Monitoring with the Nest devices and services and any associated fines and penalties that may be assessed.

Service Interruptions; No Refund. The Nest devices and services may be suspended temporarily, without notice, for security reasons, systems failure, maintenance and repair or other circumstances. To the fullest extent permitted by applicable law (but subject to the provisions regarding 'Statutory guarantees' above), you will not be entitled to any refund for these temporary suspensions.

System Requirements. The Nest devices and services may not work properly without a Google Account and a working Wi-Fi network in your home that is connected to reliable Internet access with sufficient bandwidth. Other system elements may also be required for use of some or all of the Nest devices and services, such as a mobile device with the Nest and/or Google Home app. It is your responsibility to ensure that you have all required system elements and that they are compatible and properly configured. Google may activate Bluetooth on your mobile device, without prior notification, but subject to your device settings, to facilitate proper operation of the Nest devices and services and enable certain features (such as remote silencing of a smoke or CO alarm on Nest Protect).

Mobile Device Backup in Case of Wi-Fi Outage. In the event of any service interruptions to your home’s Wi-Fi network or Internet connection, the Nest devices and services, including remote app notifications and camera alerts, may be unreliable or unavailable. For Pro Monitoring in particular, this means that the Monitoring Provider may not receive alarm signals and may be unable to dispatch emergency responders. You may have an option of selecting a mobile device backup subscription plan ('Mobile Device Backup') to help improve connectivity in the event of any service interruption to your home’s Internet connection and decrease the likelihood of interruption of the Nest devices and services

Energy Savings and Other Benefits. Unless we explicitly promise a 'guarantee', Google does not guarantee or promise any specific level of energy savings or other benefit from the use of the Nest devices and services. Actual energy savings and other benefits may vary depending on factors beyond Google’s control or knowledge. You acknowledge that any recommendations or promotions provided by Google related to the Nest devices and services (including those that are unique to your home based on information available to us) are not guarantees of actual savings.

Installation, test and use. It is your responsibility to install and use the Nest devices and services pursuant to the applicable manual and instructions. IF A DEVICE IS NOT PROPERLY INSTALLED, OR IF A DEVICE OR ANY OF ITS SENSORS ARE OUTSIDE THE DETECTION RANGE OR HINDERED OR OBSTRUCTED BY WALLS, FURNITURE, PERSONAL PROPERTY OR OTHER THINGS, YOU MAY EXPERIENCE FALSE ALARMS OR DETECTION FAILURES. It is your responsibility to test the Nest devices and services once installed to make sure that the Nest devices and services (and any related sensors, components and peripherals) are functioning and communicating as intended and designed, and that the Nest devices and services are regularly tested and maintained after installation thereafter.

Check batteries regularly. It is your responsibility to replace any batteries for the Nest devices and services, when necessary. THE NEST DEVICES AND SERVICES MAY NOT FUNCTION PROPERLY IF BATTERIES NEED REPLACEMENT; PLEASE CHECK THEM REGULARLY.

Smoke and Carbon Monoxide detectors. GOOGLE MAKES NO WARRANTY OR REPRESENTATION THAT ANY SMOKE OR CARBON MONOXIDE DETECTORS MANUFACTURED OR SOLD BY GOOGLE CONSTITUTE A FIRE ALARM SYSTEM OR MEET THE REQUIREMENTS OF ANY REGULATION, STATE OR LOCAL LAW, CODE, ORDINANCE, AUTHORITY HAVING JURISDICTION OR INDUSTRY STANDARD, SUCH AS NFPA 72. YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH THE REQUIREMENTS OF ANY LAW, OR INDUSTRY STANDARD THAT MAY APPLY TO THE INSTALLATION, USE AND SERVICE OF ANY SMOKE OR CARBON MONOXIDE DETECTORS.

Smart device standards. The Nest devices and services may use various open or commonly available standards or means to communicate and work with connected devices that are also similarly used by other systems or services not manufactured by Google, including Wi-Fi, Bluetooth and IP devices. THIRD-PARTY SERVICES THAT ARE NOT DESIGNATED BY GOOGLE AS COMPATIBLE WITH THE NEST DEVICES AND SERVICES MAY NOT WORK PROPERLY WITH THE NEST DEVICES AND SERVICES. YOU AGREE ONLY TO USE THIRD-PARTY SERVICES DESIGNATED BY GOOGLE AS COMPATIBLE WITH THE NEST DEVICES AND SERVICES.

Communications

We are not responsible for any automatic filtering that you or your network provider may apply to the Nest devices and services email alerts that you request to receive.

Disclosures for California Residents

If you are a resident of California, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them, in writing, at 400 R Street, Sacramento, CA 95814, USA, or by telephone on (800) 952-5210.

Customer service

If you have any questions or concerns regarding Nest devices and services, you can contact us. Customer service and any customer care and support offered and provided to you is not a 999 service or dispatch centre, an emergency service provider or dispatch service, or a lifesaving solution for people at risk in their home or otherwise. PLEASE DO NOT CONTACT CUSTOMER SERVICE OR ANY CUSTOMER CARE AND SUPPORT OFFERED BY GOOGLE WITH ANY LIFE/SAFETY EMERGENCY, MEDICAL EMERGENCY OR ANY OTHER EMERGENCY. IF YOU HAVE ANY SUCH EMERGENCY, YOU SHOULD IMMEDIATELY CONTACT THE POLICE, FIRE DEPARTMENT OR AMBULANCE BY CALLING 999 OR APPROPRIATE EMERGENCY RESPONSE SERVICE.

Your Nest Cam Audio/Video Data

This section applies to the video content, audio content and any facial recognition data derived from images in the video collected from a Nest Cam, Nest Cam IQ, Nest-branded video doorbell product or use of a 'Nest Cam' feature on a Nest-branded smart display product (collectively, 'Nest Cam' features and this data being referred to as “Nest Cam Audio/Video Data”). In general, for purposes of applicable law (e.g. GDPR), you remain the data controller of Nest Cam Audio/Video Data, Google is your data processor, and Nest Labs, Inc. is Google’s sub-processor. If you migrate your Nest account to a Google Account, you instruct Nest Labs, Inc. to disclose the Nest Cam Audio/Video Data it holds as your processor to Google, which will act as your processor in Nest Lab, Inc.’s place.

You (and not Google) are responsible for ensuring that you comply with any applicable laws when you use Nest devices and services, including any video recording, biometric data or audio recording laws that require you to give notice or obtain consent from third parties relating to Nest Cam Audio/Video Data. Nest Cam Audio/Video Data does not include other usage data or metadata not captured within the video itself, such as the time/date of the video, camera configurations and other related metadata.

Where the GDPR applies to the processing of Nest Cam Audio/Video Data, Google will:

  • only process the Nest Cam Audio/Video Data in accordance with your instructions, which include providing the Nest Cam features and services that you have requested – unless applicable EU or EU Member State law requires otherwise, in which case we will take steps to inform you of that requirement (unless prohibited by that law on important grounds of public interest);
  • ensure that Google personnel permitted to process Nest Cam Audio/Video Data are committed to confidentiality;
  • to the extent applicable and possible, assist you with any individual rights requests that you must fulfil (and cannot fulfil yourself) or assist you with other compliance obligations set out under Articles 32 to 36 of the GDPR, in each case taking into account the nature of processing and the information available to us;
  • at your choice, delete or return your Nest Cam Audio/Video Data upon request or when you terminate your account (and delete existing copies unless Google is required by applicable law of the European Economic Area, United Kingdom or Switzerland to retain it);
  • if you request in writing and up to a maximum of once per year, Google will provide you with copies of relevant audit reports subject to you signing a non-disclosure or confidentiality agreement with Google; and
  • implement appropriate security measures as required under Article 32 of the GDPR.

You authorise Google to subcontract its processing of Nest Cam Audio/Video Data to sub-processors that agree to the same or similar obligations as stated in this section. Currently, this list of sub-processors consists of Nest Labs, Inc., located in the United States (provided that Nest Labs, Inc. uses Google Cloud Platform services (subject to the terms here). We will provide 10 days’ advance notice of any new or replacement sub-processor by posting changes to these terms. During that notice period, you may object in writing to the change. If we have not resolved your concern by the end of that notice period, you may terminate your use of the Nest devices and services without penalty. It is your responsibility to check these terms regularly for updates.

The subject-matter of Google’s processing of the Nest Cam Audio/Video Data is to provide the Nest Cam features and services that you’ve requested, subject to your settings and configurations. The duration of the processing will continue as long as you access and use the Nest Cam features and services. Google will process Nest Cam Audio/Video Data for the purpose of providing the Nest Cam features and services, including its familiar face alerts feature. The personal data are images of identifiable people in the videos, audio of identifiable people heard in the videos, and facial recognition data of people appearing in the videos. The categories of data subjects are individuals in and around the location where a user places a Nest Cam. Where the GDPR applies, use of Nest Cam is intended for purely personal and household use. Data protection and privacy laws where you live may impose certain additional responsibilities on you and your use of the Nest Devices and Services.

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