FortisBC

GOOGLE RUSH HOUR REWARDS PROGRAM AGREEMENT

Welcome to the Rush Hour Rewards Program, offered by Google LLC (“Google”).

The Rush Hour Rewards Program allows you to take advantage of a separate reward program (the “Utility Program”) that your electric utility company, gas utility company, or other energy company, including their third-party contractors or agents (any and all of those entities collectively referred to here as your “Utility”) offers for adjusting your energy consumption during critical hours. If you are participating in  the Utility Program and enroll in the Rush Hour Rewards Program, your Utility notifies Google of the existence of a “Rush Hour Rewards event”, causing Google’s servers to remotely inform your Google Nest thermostat (“Nest Thermostat”) to automatically change the temperature setpoint in your home on that day, without any manual intervention by you. You may override this temperature setpoint simply by turning your Nest Thermostat to a different temperature or by using the mobile or web application you regularly use with your Nest Thermostat. However, if you override the temperature setpoint in response to a Rush Hour Rewards event, this may prevent you from earning rewards. 

As a Nest Thermostat owner in British Columbia, you are eligible to participate in the Rush Hour Rewards Program if you: 

• are the residential electricity or gas service account holder at your Utility; 
• have an 802.11 wireless (Wi-Fi) network at your Utility service address; 
• have an active Google or Nest Account linked to your Nest Thermostat;
• meet any separate requirements set by your Utility;
• accept these terms and conditions.

Generally, in order to participate in the Rush Hour Rewards Program for any incentives your Utility offers during the summer season, your Nest Thermostat must be controlling an air conditioning unit at your Utility service address, and in the winter season, your Nest Thermostat must be controlling either a heat pump or a heating system, which uses electricity or gas as the primary source of heat at your Utility service address. Your Utility may have additional specific requirements.

Your Utility, FortisBC, has contracted with Virtual Peaker to manage its Utility Program under the Rush Hour Rewards Program. When you accept these terms and enroll in the Rush Hour Rewards Program, you are also accepting the terms and conditions of Virtual Peaker and your Utility (together your “Utility Program Terms”), which are located here: https://www.cdn.fortisbc.com/libraries/docs/default-source/services-documents/23-128-16--t-cs-power-hours-demand-response-program-press.pdf?sfvrsn=d173dc5c_1. If FortisBC or Virtual Peaker changes their terms and conditions under the Rush Hour Rewards Program, you may need to accept their new terms, but the Google Rush Hour Rewards Program terms will remain in effect until Google notifies you of a change.

If we make material changes that negatively impact your use of the Rush Hour Rewards Program or if we stop offering the Rush Hour Rewards Program, we’ll provide you with reasonable advance notice, except in urgent situations such as preventing abuse, responding to legal requirements, or addressing security and operability issues.  Your continued participation in the Rush Hour Rewards Program after such change constitutes your full acceptance of, and agreement to be legally bound by, the terms, as revised and as applicable.   Notwithstanding the foregoing, You acknowledge and agree that Google reserves the right at any time to modify or discontinue the whole, or any part of, the Rush Hour Rewards Program, and that we will not be responsible or liable, directly or indirectly, to you or any other person or entity for any loss or damage of any kind incurred as a result of any such modifications or discontinuance.

By enrolling in the Rush Hour Rewards Program, you agree that Google and/or its third-party contractors or agents have permission to access your Nest Thermostat and use your Thermostat Data (as defined below) to offer, enable, manage your participation in, provide support for, and improve the Rush Hour Rewards Program and to facilitate your participation in the Utility Program. Any additional Nest Thermostats installed at your Utility service address will be automatically enrolled in the Rush Hour Rewards Program.

You agree that Google can share information related to your Nest Thermostat with its third-party contractors or agents and your Utility as needed to offer, enable, manage your participation in, provide support for, and improve the Rush Hour Rewards Program and the Utility Program. The information Google can share consists of your name, email address, service address, Utility account number, Nest Thermostat serial number, activation date, Google or Nest Account status, runtime data, temperature and humidity sensor data, set-points, device usage and technical data, and details related to your program eligibility, enrollment and participation, including any decision you may make to opt out of the program or to delete your Google or Nest Account (collectively, “Thermostat Data”). Any decision you may make to opt out of the program or to delete your Google or Nest Account will result in the automatic termination of your enrollment in the Rush Hour Rewards Program.  Please note that if you unenroll in the middle of a season, you may no longer be eligible to receive incentives offered by your Utility.

Your enrollment in the Rush Hour Rewards Program will depend on your Utility approving your application. You understand that your enrollment request may be declined, or your enrollment terminated, if you do not satisfy eligibility requirements, if the information you submit when you apply for or participate in the program is not accurate, or for any other reason. Your request for enrollment is voluntary and optional, and you are not required to be enrolled in the Google Rush Hour Rewards Program to use your Nest Thermostat. 

You acknowledge that Google is not providing you any compensation or other financial benefit for participating in the Rush Hour Rewards Program and that any incentive or compensation to you will be provided by your Utility. For clarity, Google does not control, and is not responsible for, the manner in which you earn rewards under the Utility Program, the nature of the rewards, their provision or non-provision, or any use or misuse you make of them. Rewards under the Utility Program are offered by your Utility, not Google. The rewards offered, and how you must qualify for them, may differ from Utility to Utility. 

You release and hold harmless Google and its third-party contractors and agents from any liability, claim, demand, cause of action, damage or expense resulting from your participation in the Rush Hour Rewards Program.

These Google terms and conditions, together with your Utility Program Terms, form your agreement to participate in the Rush Hour Rewards Program  and the Utility Program. This agreement becomes effective when you submit your enrollment request and will continue until your participation is terminated.

If you use your Nest Thermostat with a Google Account, you are subject to applicable policies and terms listed here.

If you use your Nest Thermostat with a Nest Account, you understand that the Rush Hour Rewards program is offered by Google and agree to give Google permission to access, use, and share your Thermostat Data according to these terms.  Otherwise, you remain subject to applicable policies of Nest Labs, Inc. listed here. You can learn more about migrating your Nest Account to a Google Account here. 

You may cancel your participation in the Rush Hour Rewards program by calling Google at [phone].