Terms & Conditions
These Terms & Conditions (“Agreement”) apply to the use of the Nest Camera and related services provided by Nest Labs, Inc. (“Nest”), a subsidiary of Google LLC. By using the Nest Camera, you agree to be bound by this Agreement. If you do not agree to the terms and conditions of this Agreement, do not use the Nest Camera.
- Use of the Nest Camera
a. Subject to the terms and conditions of this Agreement, Nest grants you a non-exclusive, non-transferable, limited license to use the Nest Camera and related services for personal, non-commercial purposes.
b. You may not use the Nest Camera for any illegal or unauthorized purpose, or in a manner that infringes on the rights of any third party.
c. You are responsible for ensuring that any person who uses the Nest Camera complies with the terms and conditions of this Agreement.
d. Nest may, in its sole discretion, modify or discontinue the Nest Camera, or any portion thereof, at any time without notice. Nest shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Nest Camera.
a. To use the Nest Camera, you must register with Nest and create an account.
b. You agree to provide accurate, complete, and current information during the registration process, and to update such information as necessary to keep it accurate, complete, and current.
c. You are solely responsible for maintaining the confidentiality of your account information, including your username and password, and for any activity that occurs under your account.
d. You agree to immediately notify Nest of any unauthorized use of your account or any other breach of security.
- Nest Camera Hardware
a. The Nest Camera is intended for indoor or outdoor use as described in the Nest Camera documentation.
b. The Nest Camera is intended for use only with the Nest application and related services.
c. The Nest Camera is not intended for use as a medical device or to diagnose, treat, cure, or prevent any disease.
d. You are responsible for obtaining any necessary permits or permissions required for the installation and use of the Nest Camera, and for complying with all applicable laws and regulations.
e. Nest may, in its sole discretion, modify the Nest Camera hardware specifications, or discontinue the sale of the Nest Camera, at any time without notice.
- Nest Camera Software
a. The Nest Camera software is licensed, not sold, to you.
b. You may not modify, reverse engineer, decompile, or disassemble the Nest Camera software, or create derivative works based on the Nest Camera software.
c. Nest may, in its sole discretion, modify the Nest Camera software, or discontinue the provision of the Nest Camera software, at any time without notice.
b. The Nest Camera may collect and transmit data about your use of the Nest Camera and related services, including video and audio recordings, to Nest and its service providers. By using the Nest Camera, you consent to the collection and transmission of such data.
c. You are solely responsible for complying with all applicable laws and regulations regarding the use of the Nest Camera and related services, including those relating to privacy and data protection.
a. You agree to indemnify, defend, and hold harmless Nest and its affiliates, and their respective officers, directors, employees, and agents, from any and all claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of
your use of the Nest Camera or your breach of this Agreement.
b. Nest reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Nest in asserting any available defenses.
- Disclaimer of Warranties
a. The Nest Camera and related services are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
b. Nest does not warrant that the Nest Camera or related services will be uninterrupted or error-free, that defects will be corrected, or that the Nest Camera or related services are free of viruses or other harmful components.
c. Nest does not warrant or make any representations regarding the use, accuracy, reliability, or results of the use of the Nest Camera or related services, or any information or content obtained through the Nest Camera or related services.
- Limitation of Liability
a. In no event shall Nest or its affiliates, or their respective officers, directors, employees, or agents, be liable to you or any third party for any direct, indirect, incidental, special, consequential, or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or in connection with your use of the Nest Camera or related services.
b. To the extent permitted by applicable law, the total liability of Nest and its affiliates, and their respective officers, directors, employees, and agents, for any claim arising out of or in connection with this Agreement, whether in contract, tort, or otherwise, shall be limited to the amount you paid for the Nest Camera.
c. The limitations of liability set forth in this Agreement shall apply even if Nest or its affiliates, or their respective officers, directors, employees, or agents, have been advised of the possibility of such damages.
- Governing Law
a. This Agreement shall be governed by and construed in accordance with the laws of the state of California, without giving effect to any choice of law or conflict of law provisions.
b. Any action or proceeding arising out of or in connection with this Agreement shall be brought in the state or federal courts located in Santa Clara County, California, and each party irrevocably submits to the jurisdiction of such courts.
- Entire Agreement
a. This Agreement constitutes the entire agreement between you and Nest with respect to the use of the Nest Camera and related services, and supersedes all prior or contemporaneous communications and proposals, whether oral or written, between you and Nest.
b. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
- Changes to this Agreement
a. Nest may, in its sole discretion, modify this Agreement at any time by posting a revised version on the Nest website or through the Nest application.
b. Your continued use of the Nest Camera and related services following any such modification constitutes your agreement to be bound by the modified Agreement.
- Contact Us
If you have any questions or concerns about this Agreement or the Nest Camera, please contact us at the following address:
Nest Labs, Inc. 3400 Hillview Avenue Palo Alto, CA 94304 USA
By using the Nest Camera, you acknowledge that you have read this Agreement, understand it, and agree to be bound by its terms and conditions.