Nest Agreement: A Comprehensive Guide
The term “Nest agreement” can refer to several distinct legal documents, all connected to Nest Labs, Inc. (now a subsidiary of Google) and its ecosystem of smart home products. Whether you are purchasing a Nest thermostat, signing up for a subscription service, or participating in an energy savings program, you are entering into a legally binding agreement. This guide breaks down the different types of Nest agreements and what you need to know about each.
Nest Terms of Service (The Master Agreement)
The Nest Terms of Service is the foundational legal document that governs your use of Nest products, websites, mobile apps, and subscription services . Think of this as the “master agreement” that applies whenever you create a Nest account or use a Nest device.
Key Provisions
A Legal Agreement: By creating a Nest account or using any Nest product, you are entering into a binding contract with Nest Labs, Inc. If you use your Nest devices with a Google Account, you are subject to both the Google Terms of Service and the supplemental Nest Terms of Service .
Eligibility Requirements: To create a Nest account as an “Owner,” you must be at least 18 years old. Individuals between the age of 13 and the age of majority may use Nest products only under the supervision of a parent or legal guardian. Use by children under 13 is strictly prohibited .
Account Owner vs. Authorized Users: The person who creates the account is the “Owner” and has full control. Owners can invite “Authorized Users” (such as family members or roommates) to access the products and services. Importantly, Authorized Users can monitor cameras, change temperature settings, and view personal information. Owners are fully responsible for all actions taken by the Authorized Users they invite .
Automatic Software Updates: By agreeing to the Terms of Service, you consent to automatic software updates for both the services and the products connected to those services. You cannot opt out of these updates if you continue to use the products .
Important Disclaimers: Nest makes clear that its products and customer service are not a 911 service, emergency dispatch center, or lifesaving solution. If you have a medical or safety emergency, you must contact the police, fire department, or 911 directly .
Termination: Nest may suspend or terminate your access to the services if they believe you have violated the Terms. If you transfer a Nest product to a new owner, your right to use the services with respect to that product automatically terminates .
Dispute Resolution: The Terms of Service require the use of mandatory binding arbitration to resolve disputes rather than jury trials or class-action lawsuits .