Nest Additional Terms of Service

To use Nest devices and services, you must accept (1) the Google Terms of Service, and (2) these Nest Additional Terms of Service.

Please read each of these documents carefully. Together, these documents are known as the “Terms”. They establish what you can expect from us as you use our services, and what we expect from you.

If these Additional Terms conflict with the Google Terms of Service, these Additional Terms will govern the Nest services.

The “Nest devices and services” for purposes of the Additional 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
• Nest Aware (or a similar connected home service offered by Google Nest) and the services we provide in connection with the Nest Devices, such as the Nest web apps, the Nest mobile apps, the Google Home app, but only when used to manage these Nest devices and services, and other connected home services we provide that are built specifically for these devices (including any subscription services such as energy programs), 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 authorized 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 you sign up to any program terms with third-party partners for programs integrated with the Nest devices and services (such as energy programs), any references to the Nest Terms of Service in those program terms will mean the 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 jurisdictions, 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.

In some regions (such as the European Economic Area), where legally required, you may be able to access a setting to prevent your device from receiving certain updates. However, we strongly suggest you allow your device to receive all updates to ensure your Nest product or service performs optimally. If it is determined that an update will fix a critical legal, safety, or security vulnerability, the update may be completed irrespective of your update settings.

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 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 Back-Up 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 back-up 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 be sure the Nest devices and services (and any related sensors, components and peripherals) are functioning and communicating as intended and designed, and then regularly test and maintain the Nest devices and services after installation.

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, PROVINCIAL 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.

Emergency Calling (US only).

• Description of Emergency Calling Service. Depending on geography and subscription purchase, US subscribers of Nest Aware may be able to call emergency services from the Google Home app (“Emergency Call Users”). Emergency services vary depending on your location. When an Emergency Call User calls emergency services, Google will provide emergency response operators with the Emergency Call User’s phone number and the address that the Emergency Call User provided to Google in the emergency calling feature setup flow. 
• Limitations on Emergency Calling Service. The following limitations apply to the availability of the emergency calling service: (i) the service may not be available if cellular service is not available; (ii) emergency calls may not connect to the relevant dispatcher, or may improperly ring to the administrative line of the relevant dispatcher, which may not be staffed after hours or be staffed by trained emergency operators; (iii) emergency calls may correctly connect to the relevant dispatcher, but the Emergency Call User’s phone number or location may not automatically be transmitted; (iv) emergency calls made while traveling may be routed to the dispatcher associated with the Emergency Call User’s registered number rather than the local dispatcher; (v) in some cases, the emergency services operator may not be able to see the Emergency Call User’s phone number and will not be able to call back; (vi) deaf, hard of hearing, or speech impaired Emergency Call Users should call local emergency services directly using TTY or a telecommunications relay service, instead of 711 or a local equivalent; (vii) if Emergency Call Users have multiple devices associated with their account (A) return calls from the relevant dispatcher may not ring each associated device; (B) if the Emergency Call User has disabled incoming calls, the dispatcher may not be able to call back; and (C) if a call fails using the Google Home app, Emergency Call Users may receive an error message and may need to use an alternative method to call emergency services.
• Customer Obligations. With respect to emergency dialing services, Emergency Call User is responsible for ensuring that the address registered in the Google Home app is the current physical address where the Emergency Call User will use the emergency calling feature (failure to provide current addresses may cause the wrong emergency response center to be contacted, and delay emergency response to Emergency Call User).
• Disclaimer of Emergency Services Liability. To the fullest extent permitted by law, neither Google nor any of its Affiliates will have any liability under the Additional Terms (whether in contract, tort (including negligence) or otherwise) for damages of any type (including direct and indirect damages) arising under or in connection with the use or attempted use of the emergency calling feature to access emergency services, including but not limited to any inability to access such services, any delays in emergency service response, conduct of emergency services response centers or operators, or inaccuracy of information provided to emergency services by third parties engaged by Google or its Affiliates to facilitate the provision of emergency services access.
• Acceptable Use Policy. This Acceptable Use Policy applies to the use of the Nest Aware emergency calling feature. Please follow these policies when using the emergency calling feature. When we identify a potential policy violation, we may review and take action, including limiting or terminating Nest Aware for a particular home.

Sound Detection (US only).
The Nest Aware sound detection feature is only capable of detecting the sound of alarms (e.g., a smoke or carbon monoxide alarm) or other designated sounds (e.g., glass breaking). Google Nest and Home speakers and displays are not able to detect the presence of hazards (e.g., smoke) in your home.

Subscriptions Purchased Through a Third Party

You may purchase a subscription to Nest Aware through a non-Google third party (“Partner”). If you do, any fee for the Nest Aware subscription is determined by the Partner, and you should refer to their terms for information on pricing, what Nest Aware features are available to you, the process for cancellation, and any additional details related to the subscription.

Note that the Nest Aware features available to you may vary, depending on the Partner from which you purchase the subscription. Some subscription plans may also have different conditions and limitations set by the Partner. Your eligibility for and continued access to Nest Aware may be determined by the Partner from which you purchase your subscription, and your subscription may be suspended or terminated at any time by the Partner.

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 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 911 service or dispatch center, 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 911 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 Labs, 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 or Japan Act on the Protection of Personal Information (“the Japan Act”) 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 you have requested - unless applicable EU, EU Member State law, or the Japan Act 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 fulfill (and cannot fulfill yourself) or assist you with other compliance obligations set out under Articles 32 to 36 of the GDPR or the Japan Act, 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, Switzerland, or Japan 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 or the Japan Act.

You authorize 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 the Additional 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 the Additional 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 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.