Nest

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Nature Real
ID Name Nest Learning Thermostat
Provider Nest Labs, Inc. (Google)
Description It is a smart, connected thermostat that optimizes heating and cooling to conserve energy.
Country UK
Release Date 06.07.2015 (date of the analysis)
Link https://nest.com/
Topics Contract, Data Protection, Property, Technology, Interoperability
Correlated texts https://en.wikipedia.org/wiki/Nest_Labs, http://www.theguardian.com/artanddesign/2014/jun/27/-sp-the-nest-google-technology-future-homes

Notes

Components:

  • hardware: it connects to the Internet wirelessly, via Wi-Fi (it doesn't require a Wi-Fi connection to heat, but it needs it for additional features); it pulls information directly from the customer's heating and cooling (HVAC) system to learn its capabilities; its sensors collect data such as current temperature, humidity and ambient light in the room; they can also sense whether something in the room is moving; if the customer changes the temperature, it records and feeds that information to the Nest Learning Thermostat algorithms to learn the customer's desired comfort level in different situations; every time the HVAC system turns on and off, it records the time and duration during which it was on, in order to offer to the customer features such as usage history; some information is processed and stored directly on the Nest device; even if the Thermostat learns from the customer's behaviour, it is possible for the customer to add temperatures that the Thermostat won't change automatically, and even manually enter his temperatures and turn off the Auto-Schedule feature
  • software
  • service (Nest uses third-party service providers to enable some aspects of the Services – such as, for example, data storage, synchronisation and communication through Amazon Web Services)
    • Subscription Services: they also includes services that can be accessed using the Web or the Mobile Apps
    • Nest user account website (home.nest.com)
    • Web Apps: services accessible through the Sites; through them, it is possible to control the Thermostat and to learn information about it anywhere there is an Internet connection
    • Mobile Apps: software that may be downloaded to customer's smartphone or tablet to access services; through them, it is possible to control the Thermostat and to learn information about it anywhere there is an Internet connection; the availability of the Mobile Apps is dependent on the third-party websites from which you download the Mobile Apps, e.g. the App Store from Apple or the Android app market from Google
    • MyEnergy user account website (www.myenergy.com)

See Legal certainty as a tool for the spread of the Internet of Things.

Contractual characteristics

Links to Terms&Conditions: https://nest.com/uk/legal/sales-terms/ (Sales Terms); https://nest.com/uk/legal/terms-of-service/ (Terms of Service); https://nest.com/uk/legal/eula/ (End User Licence Agreement); https://nest.com/uk/legal/warranty/thermostat/ (Limited-warranty Thermostat); https://nest.com/uk/legal/privacy-statement-for-nest-products-and-services/ (Privacy Statement for Nest Products and Services); https://nest.com/uk/legal/privacy-policy-for-nest-web-sites/ (Privacy Policy for Nest Web Sites); https://nest.com/downloads/legal/64-70-0015-GB-C.pdf (EU Declaration of Conformity)

Date of Terms&Conditions: 06.07.2015 (Sales Terms); 17.06.2015 (Terms of Service); 06.07.2015 (End User Licence Agreement); 07.07.2015 (Limited-warranty Thermostat); 17.06.2015 (Privacy Statement for Nest Products and Services); 17.06.2015 (Privacy Policy for Nest Web Sites); 28.04.2015 (EU Declaration of Conformity)

1. Is the consumer allowed to modify the software and/or hardware without retaliation? No
The warranty doesn't apply if the hardware has been abused, misused, improperly modified or altered, and in any circumstances in which an unauthorized use of the hardware has been made.

Moreover, even if the warranty only applies to the hardware, and not to the embedded software, an unauthorized use of the software may invalidate the warranty. Unauthorized uses of the software include modification of any of its parts, which therefore also implies modification aimed at error correction; this seems pretty unfair, given the fact that the product and software provider states that he himself isn't required to provide maintenance or support services with respect to the software. Moreover, this prohibition might be in contrast with art 5(1) of DIRECTIVE 2009/24/EC on the legal protection of computer programs. It is however possible for the customer (because the law - specifically, art. 6 of DIRECTIVE 2009/24/EC on the legal protection of computer programs gives him this right, as Nest acknowledges) to decompile the software when this is necessary in order to achieve interoperability with another software. However, this copyright exception applies only if - among other conditions - "the information necessary to achieve interoperability has not previously been readily available": we should question if this limitation is susceptible of making valid the contractual provision according to which the customer is required to first contact Nest Labs and provide Nest Labs an opportunity to create such changes as are needed for interoperability purposes.


As far as permitted by applicable law, the Store, and all content available on the Store, is provided on an "as-is" basis without warranties or conditions of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose. All products and services purchased through the Store are provided on an "as-is" basis unless otherwise noted in the Limited Warranty included with a Product (Source: Sales Terms).

You will be solely responsible for (and Nest disclaims) any and all loss, liability or damages resulting from your use of a Product and/or Subscription Service, including damage or loss to your HVAC system, plumbing, home, Product, other peripherals connected to the Product, computer, mobile device and all other items and pets in your home (Source: Sales Terms).

The Product Software is deemed irrevocably accepted upon your use of the Product Software or Product. Nest Labs will have no responsibility to provide maintenance or support services with respect to the Product Software. The parties are independent contractors (Source: EULA).

This warranty does not cover [...] Products that have been subject to: (a) modifications, alterations, tampering, or improper maintenance or repairs; (b) handling, storage, installation, testing, or use not in accordance with the User’s Guide or other instructions provided by Nest Labs; (c) abuse or misuse of the Product [...] (Source: Limited Warranty).

Unauthorized use of the Product or software can impair the Product‘s performance and may invalidate this Limited Warranty (Source: Limited Warranty).

You agree not to, and you will not permit others to [...] modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Product Software (except to the extent applicable laws specifically prohibit such restriction for interoperability purposes, in which case you agree to first contact Nest Labs and provide Nest Labs an opportunity to create such changes as are needed for interoperability purposes) (Source: EULA). See DIRECTIVE 2009/24/EC on the legal protection of computer programs, article 6, which concerns Decompilation.

2. Does the provider reserve to himself the right to modify/delete his own content? Yes
The provider reserves to himself the right to remove any of the content he provides at any time and for any reason or for no reason at all.


Certain materials may be displayed or performed on the Services (including, but not limited to text, graphics, articles, photographs, video, images and illustrations (“Content”) (Source: Terms of Service).

Nest reserves the right to remove any Content from the Services at any time, for any reason [...], or for no reason at all (Source: Terms of Service).

3. Does the provider reserve to himself the right to modify/delete consumer content? Yes
The provider reserves to himself the right to modify any user content, and to remove it at any time and for any reason or for no reason at all.


The Content also includes information that you and other users provide us with in the course of using the Services (collectively, “User Submissions”) (Source: Terms of Service).

Nest reserves the right to remove any Content from the Services at any time, for any reason [...], or for no reason at all (Source: Terms of Service).

You hereby grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sub-licensable and transferable right to access, display or otherwise use your User Submissions (including all related intellectual property rights) solely in connection with providing you with the Services and as directed by you (Source: Terms of Service).

[Y]ou understand that we retain the right to reformat, modify, create derivative works of, excerpt and translate any User Submissions submitted by you (Source: Terms of Service).

4. Is the title on software explicitly transferred to the consumer? No
The embedded software is only licensed to the customer.


The software embedded in the Product (and any updates thereto) (“Product Software”) is licensed and governed by the End User Licensing Agreement (Source: Terms of Service).

By using the software (“Product Software”) that is embedded on the Nest Labs product (“Product”), you agree to the terms of this End User License Agreement (“EULA”) between you and Nest Labs, Inc. (“Nest Labs” or “we”). IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, YOU MAY NOT USE THE PRODUCT SOFTWARE AND YOU MAY CHOOSE TO PROMPTLY RETURN THE PRODUCT FOR A REFUND OF THE PRODUCT PURCHASE PRICE BY CONTACTING NEST LABS AT THE ADDRESS BELOW. [...] This EULA does not govern your use of the Site, Site Services, or Mobile Software, or your purchase of the Product (excluding the Product Software) (Source: EULA).

Nest Labs grants to you a limited and nonexclusive license (without the right to sublicense) to execute one (1) copy of the Product Software, in executable object code form only, solely on the Product that you own or control and solely for use in conjunction with the Product for your personal, non-commercial purposes (Source: EULA).

The Product Software (and all copies thereof) is licensed to you, not sold, under this EULA. There are no implied licenses in this EULA (Source: EULA).

This warranty does not cover [...] software (even if packaged or sold with the product) (Source: Limited Warranty).

5. Is the title on hardware explicitly transferred to the consumer? Yes
Among the contractual terms, there are also the Sales Terms, which apply to the hardware part of the product, and which expressly state that the hardware is offered for sale and that the title on the hardware passes to the purchaser.

Moreover, also the Limited Warranty makes several references to the owner of the hardware.


Nest hardware products ("Products") (Source: Sales Terms).

[T]he Product is offered for sale (Source: Sales Terms).

Title for Products purchased from the Store passes to the purchaser (Source: Sales Terms).

Nest Labs [...] warrants to the owner of the enclosed product (Source: Limited Warranty).

[T]he owner of the Product [...] (Source: Limited Warranty).

6. Is the consumer forbidden from reselling the device? Not available
Even if the Sales Terms state that purchases are not authorized for resale, the context in which this statement is included ("purchases made on the Store are intended for end users") and other contractual clauses ("if you transfer a Product to a new owner"; "this Limited Warranty is transferable from the original purchaser to subsequent owners") could drive us to affirm that this prohibition is only limited to resale by professional retailers.

However, it is never expressly stated that the transfer of a new owner could take place through a sale, therefore someone rather infer that the transfer of ownership is possible, but not through a sale (i.e. it must be free).


Purchases made on the Store are intended for end users only and are not authorised for resale (Source: Sales Terms).

If you transfer a Product to a new owner, your right to use the Services with respect to that Product automatically terminates and the new owner will have no right to use the Product or Services under your Account (as described below) and will need to register for a separate Account with Nest (Source: Terms of Service).

Subject to these Terms, Nest grants you a non-transferable, non-exclusive right (without the right to sub-license) to access and use the Services by [...] using the Web Apps in connection with and solely for the purpose of controlling and monitoring the Products installed on your property or otherwise accessing a service explicitly provided by Nest for your use (the “Permitted Purpose”), and ·[...] installing and using the Mobile Apps solely on your own handheld mobile device (e.g. iPhone, iPad or Android smartphone) and solely for the Permitted Purpose (Source: Terms of Service).

Nest Labs grants to you a limited and nonexclusive license (without the right to sublicense) to execute one (1) copy of the Product Software, in executable object code form only, solely on the Product that you own or control and solely for use in conjunction with the Product for your personal, non-commercial purposes (Source: EULA).

You agree not to, and you will not permit others to, (a) license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Product Software or make the Product Software available to any third party (Source: EULA).

This EULA and the license granted hereunder are effective on the date you first use the Product Software or Product and shall continue for as long as you own the Product, unless this EULA is terminated under this section. Nest Labs may terminate this EULA at any time if you fail to comply with any term(s) hereof. You may terminate this EULA effective immediately upon written notice to Nest Labs. Upon termination of this EULA, the license granted hereunder will terminate and you must stop all use of the Product Software (Source: EULA).

This Limited Warranty is transferable from the original purchaser to subsequent owners, but the Warranty Period will not be extended in duration or expanded in coverage for any such transfer (Source: Limited Warranty).

7. Is the consumer forbidden from transferring the account? Yes
When the customer transfers the thermostat to a new owner, he can't transfer also his account, and the new owner will need to register for a new account. But this transfer prohibition doesn't seem a big problem, given that it is possible for anyone to freely create a new Account, and to remove Nest from one Account to pair it with another.

Moreover, if the customer doesn’t want to transfer the Thermostat, but to share it (e.g. with family members or roommates), he is allowed to reveal his credentials to persons which he wants to share the Thermostat with, and these other persons will have the same powers he has (e.g. adjust the temperature and schedule of the Nest Thermostat, read and delete messages and notifications, or even remove devices from customer's home). Also, the prohibition of account transfer may be precisely justified by the fact that all people knowing the credentials (and therefore also the first owner)are allowed to remotely control the thermostat; the reason for this prohibition may therefore be a security one. It is true that the new owner of a house which also acquires the ownership of the Nest Thermostat installed in it might regret to be constrained to create a new account, instead of taking advantage of the previous account, which should already know several information about the house, but, actually, most information collected by the thermostat concerns the customer's and his roommates' habits, rather than the characteristics of the house, and - moreover - it doesn't take much time for the thermostat to relearn this information.


You may use the Services only if you can form a binding contract with Nest (Source: Terms of Service).

The Services are not available to any users previously prohibited from using the Services by Nest (Source: Terms of Service).

If you transfer a Product to a new owner, your right to use the Services with respect to that Product automatically terminates and the new owner will have no right to use the Product or Services under your Account (as described below) and will need to register for a separate Account with Nest (Source: Terms of Service).

You are entirely responsible for maintaining the confidentiality of your Account login information and for all activities that occur under your Account (Source: Terms of Service).

[Y]ou agree not to license, sell, rent, lease, transfer, assign, distribute, host or otherwise commercially exploit the Services (Source: Terms of Service).

The Services are licensed to you, not sold, under these Terms (Source: Terms of Service).

Each Nest Learning Thermostat can only be linked to one Nest Account (Source: https://nest.com/uk/support/article/Can-I-link-my-Nest-Learning-Thermostat-to-multiple-Nest-Accounts).

If others in your home want to receive notifications from Nest, they will need install the Nest Mobile app on their smartphone or tablet and log in with your Nest Account. Anyone with access to your account has full access to all settings related to your account and your Nest products. Authorized users can adjust the temperature and schedule of the Nest Thermostat, read and delete messages and notifications, or even remove devices from your home (Source: https://nest.com/uk/support/article/How-do-I-set-up-other-people-in-my-home-to-receive-notifications).

If you would like to change the Account paired with your Nest Learning Thermostat, you can remove Nest from one Account and pair it with another (Source: https://nest.com/uk/support/article/Can-I-link-my-Nest-Learning-Thermostat-to-multiple-Nest-Accounts).

Can I share my Nest Account with someone else? Yes. You can share your Nest Account credentials with anyone else in your household who’d like to access and control the Nest products in your home (Source: https://nest.com/uk/support/article/What-s-a-Nest-Account-and-how-do-I-get-one).

To use the Nest app, you'll need: a free Nest Account. If you don't have one yet, you can create one directly on the app's login screen (Source: https://nest.com/uk/support/article/Learn-more-about-the-Nest-app).

8. Is there an explicit prohibition to use the device in combination with a third party service? No
Nest Labs may provide over time the opportunity to integrate, interface or use together Nest products and services and third-part products and services. Among the tools implemented by Nest Labs in order to allow this interaction, there is the Works with Nest platform. Many of the compatible devices are devices that in the forthcoming years we will find more and more in houses (smart locks, smart bulbs, smart washing machines, etc.); we can also find wearables (like trackers and smart watches) and devices to be put in cars (e.g. Automatic). Nest therefore shows its will to create not only a connected thing, but a veritable system of connected things, with added value for users.

Another tool for interoperability and thing-to-thing communication Nest labs provides is a web API that allows third-party products to connect to Nest and leverage its learning and insights. Moreover, Nest also acknowledges that any person having a right to use a copy of a program - therefore, in the present case, also the customer of a Nest Thermostat - has the legal right to decompile the embedded software in order to achieve interoperability with an independently created software: Nest simply asks the customer to first contact Nest Labs and provide Nest Labs an opportunity to create such changes as are needed for interoperability purposes. It is true that we should verify if this clause is compatible with art. 6 of DIRECTIVE 2009/24/EC on the legal protection of computer programs, but - in any case - it shows Nest's attitude to foster interoperability.


Works with Nest is a program that allows third party devices to communicate with Nest products. Among the compatible products there are: Philips Hue, August Smart Lock, Whirpool Washers, Chamberlain MyQ, IFTTT, Pebble, Jawbone, LG Appliances, Google Now, Automatic, etc. (Source: https://en.wikipedia.org/wiki/Nest_Labs).

Some Nest products and Services can be used together or in ways that integrate with products and services from third parties (Source: Terms of Service).

Over time, Nest may provide the opportunity for you to interface the Products and Services to one or more third-party products and services, through and using the Services, for example through the Works with Nest platform (Source: Terms of Service).

The Works with Nest platform is offered by Nest (Source: Terms of Service).

Nest Services rely on or inter-operate with third-party products and services (Source: Terms of Service).

You agree not to, and you will not permit others to [...] modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Product Software (except to the extent applicable laws specifically prohibit such restriction for interoperability purposes, in which case you agree to first contact Nest Labs and provide Nest Labs an opportunity to create such changes as are needed for interoperability purposes) (Source: EULA). <u>See DIRECTIVE 2009/24/EC on the legal protection of computer programs, article 6, which concerns Decompilation.

We have a web API that lets your product connect to Nest and use our learning, our insights (Source: https://developer.nest.com/).

9. Are there explicit duration boundaries to consumer’s enjoyment of the device? Yes
There are duration boundaries to consumer's enjoyment of the device, but these boundaries are not-prefixed and only contingent.

In fact, if the customer doesn't want the embedded software automatic updates anymore, his only remedy is to stop using the device. Moreover, the embedded software is only licensed, and not sold, to the customer, and the provider reserves to himself the right to terminate this license if the customer fails to comply with any terms of the EULA: in case of termination, the customer has to cease any use of the Product Software and the Product itself.


You consent to this automatic update. If you do not want such Updates, your remedy is to terminate your Account and stop using the Services and the Product. [...] Your continued use of the Services and the Product is your agreement – (i) to these Terms with respect to the Services, and (ii) to the End User License Agreement with respect to updated Product Software (Source: Terms of Service).

By using the software (“Product Software”) that is embedded on the Nest Labs product (“Product”), you agree to the terms of this End User License Agreement (“EULA”) between you and Nest Labs, Inc. (“Nest Labs” or “we”). IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, YOU MAY NOT USE THE PRODUCT SOFTWARE AND YOU MAY CHOOSE TO PROMPTLY RETURN THE PRODUCT FOR A REFUND OF THE PRODUCT PURCHASE PRICE BY CONTACTING NEST LABS AT THE ADDRESS BELOW (Source: EULA).

This EULA and the license granted hereunder are effective on the date you first use the Product Software or Product and shall continue for as long as you own the Product, unless this EULA is terminated under this section. Nest Labs may terminate this EULA at any time if you fail to comply with any term(s) hereof. You may terminate this EULA effective immediately upon written notice to Nest Labs. Upon termination of this EULA, the license granted hereunder will terminate and you must stop all use of the Product Software (Source: EULA).

The Product Software is deemed irrevocably accepted upon your use of the Product Software or Product. Nest Labs will have no responsibility to provide maintenance or support services with respect to the Product Software. The parties are independent contractors (Source: EULA).

You consent to this automatic update. If you do not want such Updates, your remedy is to terminate your Account and stop using the Services and the Product. [...] Your continued use of the Services and the Product is your agreement – (i) to these Terms with respect to the Services, and (ii) to the End User License Agreement with respect to updated Product Software (Source: Terms of Service).

10. Are there explicit duration boundaries to consumer’s enjoyment of the service? Yes
Obviously, the fee-bearing services are subject to duration boundaries, but they are only additional services, not essential for a basic device usability.

For what concerns, on the contrary, the free services (such as the Account, the Nest Apps and the services enabled by them, e.g. remote thermostat control, emergency notifications, and any additional features you get from Works with Nest connections), the provider reserves to himself the right, at any time, to discontinue them, and he excludes any liability for this discontinuance. The provider reserves to himself also the right to terminate the customer's right to access and use the services, if the former believes that the latter has violated the terms of service. Luckily, the thermostat can execute its basic functions without being connected to a Nest Account, but anyway most of the features that make it a smart thermostat aren't available without an Account. The enjoyment of the services by the customer also has to stop if he doesn't accept the automatic updates of the services themselves: in this case, in fact, the sole remdy for him is to stop using the services. Obviously, the customer has to cease to enjoy the services if he trasfres the device to a new owner.


We offer different subscription plans for our Subscription Services. [...] When you purchase any of our Subscription Services, you expressly acknowledge and agree that (1) Nest is authorised to charge you a monthly or annual subscription service fee depending on the billing cycle you choose (in addition to any applicable taxes) for as long as your subscription continues, and (2) your subscription is continuous until you cancel it or such Subscription Service is suspended, discontinued or terminated in accordance with Nest’s Terms of Service. [...] You may cancel your Subscription Services at any time [...]. In the event that you cancel a Subscription Service, we will provide a prorated refund for the period of time starting the day after cancellation of the Subscription Service until the end of your billing cycle (Source: Sales Terms).

The Services are not available to any users previously prohibited from using the Services by Nest (Source: Terms of Service).

These Terms will remain in full force and effect for as long as you continue to access or use the Services or until terminated in accordance with the provisions of these Terms. At any time, Nest may (i) suspend or terminate your rights to access or use the Services, or (ii) terminate these Terms with respect to you if Nest, in good faith, believes that you have used the Services in violation of these Terms (Source: Terms of Service).

If you transfer a Product to a new owner, your right to use the Services with respect to that Product automatically terminates and the new owner will have no right to use the Product or Services under your Account (as described below) and will need to register for a separate Account with Nest (Source: Terms of Service).

Upon termination of these Terms, your Account and your right to use the Services will automatically terminate (Source: Terms of Service).

You consent to this automatic update. If you do not want such Updates, your remedy is to terminate your Account and stop using the Services and the Product. [...] Your continued use of the Services and the Product is your agreement – (i) to these Terms with respect to the Services, and (ii) to the End User License Agreement with respect to updated Product Software (Source: Terms of Service).

Nest reserves the right, at any time, to modify, suspend or discontinue the Services or any part thereof with or without notice. You agree that Nest will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services or any part thereof (Source: Terms of Service).

NEST, AND OUR LICENSORS AND SUPPLIERS, MAKE NO WARRANTY THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICES: (I) WILL MEET YOUR REQUIREMENTS (Source: Terms of Service).

Certain Services may be provided for a fee. You shall pay all applicable fees in connection with the Services selected by you in accordance with the Terms of Sale (Source: Terms of Service).

While your Nest products will work great without being connected to a Nest Account, many of the key features are only available once you’ve paired your Nest products to your Nest Account (Source: https://nest.com/support/article/What-s-a-Nest-Account-and-how-do-I-get-one).

Your Nest Account allows you to securely access and control your Nest products with the Nest app on a mobile device or on the Web with a computer. Basically, you have control from any place you can get an Internet connection. In addition, when your Nest products are connected to Wi-Fi and your Nest Account they’ll automatically get software updates (Source: https://nest.com/uk/support/article/What-s-a-Nest-Account-and-how-do-I-get-one).

When you remove a Nest product such as Nest Protect or a Nest Learning Thermostat from your Nest Account, you’ll lose many of the functions and control you’re used to: things like remote thermostat control with your mobile phone, emergency notifications, and more. You’ll also lose any additional features you get from your Works with Nest (WWN) connections (Source: https://nest.com/uk/support/article/What-happens-to-Works-with-Nest-connections-when-I-remove-a-Nest-Protect-or-Nest-Thermostat-from-my-Nest-Account).

To use the Nest app, you'll need: a free Nest Account (Source: https://nest.com/uk/support/article/Learn-more-about-the-Nest-app).

11. Are there explicit terms and conditions allowing the consumer to access (view only) his data? No
The customer has the right to access his personal data stored on the provider's server. However, the expression "personal data", as used in the Legal Information provided, refers only to the information that personally identifies the customer or that can be reasonably used to infer this information: thus, this notion seems not to include that data that is collected by the thermostat (such as customer's HVAC system's capabilities; current temperature, humidity and ambient light in the room; manual changes in temperature; time and duration of usage) which may interest the customer, but that doesn't personally identify him.

Therefore, there isn't a general customer's right to access his data.


Some information is processed and stored directly on the Nest device (Source: Privacy Statement for Nest Products and Services).

You can access, amend or delete your personal information from Nest’s servers through the controls in your account (Source: Privacy Statement for Nest Products and Services).

This Privacy Statement for Nest Products and Services (“Privacy Statement”) describes information that Nest Labs, Inc. and its subsidiaries and affiliates (collectively, “Nest”) collect, use, share, and store, including personal information (i.e., information that personally identifies you, such as your name, email address or billing information, or other data that can be reasonably used to infer this information) (Source: Privacy Statement for Nest Products and Services).

12. Are there explicit terms and conditions allowing the consumer to delete his data? Yes
The customer can delete: i. information from his device, by resetting it; ii. his entire Account; iii. personal information from the provider's server. However, it seems not possible for him to delete from the provider's server the data that doesn't personally identify him - although it has been collected by his device.


Nest generally stores your personal information on Nest’s servers until you delete or edit it, or for as long as you remain a Nest customer in order to provide you with Nest Products (Source: Privacy Statement for Nest Products and Services).

You can delete the information on the Nest device by resetting it to the defaults (using Reset in the Settings menu) (Source: Privacy Statement for Nest Products and Services).

You can access, amend or delete your personal information from Nest’s servers through the controls in your account (Source: Privacy Statement for Nest Products and Services).

This Privacy Statement for Nest Products and Services (“Privacy Statement”) describes information that Nest Labs, Inc. and its subsidiaries and affiliates (collectively, “Nest”) collect, use, share, and store, including personal information (i.e., information that personally identifies you, such as your name, email address or billing information, or other data that can be reasonably used to infer this information) (Source: Privacy Statement for Nest Products and Services).

You can delete your Nest Account with the Nest app, on the Web or by contacting Nest support. [...] When you request that we delete your Nest Account and your MyEnergy account, if you have one, we will delete your personal information in your Nest Account as well. (Source: https://nest.com/uk/support/article/How-to-delete-your-Nest-Account).

13. Are there explicit terms and conditions allowing the consumer to export (with proprietary format) his data? No
There are no provisions dealing with a customer's right to export his data.
14. Are there explicit terms and conditions allowing the consumer to export (with open format) his data? No
There are no provisions dealing with a customer's right to export his data.
15. Does the provider reserve to himself the right to unilaterally modify terms and conditions? Yes
Indeed, for what concerns the Privacy Statement for Nest Products and Services, Nest Labs reserves the right to change its terms, and - by using the product - the customer agrees with those changes.

For what concerns the Sales Terms, they may change from time to time, but the customer will be bound only by these Terms as they were at the moment of the purchase. For what concerns the EULA on the embedded software, unilateral changes aren't possible: there is need for the signature of the parties. Finally, for what concerns the Terms of Service, which apply to the web and mobile apps, the sites and the subscription services, the provider reserves to himself the right to modify their provisions: the continued use of the services by the customer means that he accepts the changes. Moreover, for what concerns particularly the Subscription Services, the provider reserves to himself to change his prices: the customer will be noticed in advance of this modification, and - if he doesn't cancel his subscription - it means that he accepts the new prices. What we should appreciate of Nest, is that - except for the Privacy Statement for Nest Products and Services - there are no changes in the Legal Information which may force the customer to stop using the purchased device if he doesn't agree with them: indeed, the only Terms that may be unilaterally changed after the purchasing of the device are those which concern the services, and the device can be used also without the services (even if its features result limited).


Your purchase of Nest hardware products ("Products") and/or subscription services ("Subscription Services") from the Store constitutes your agreement to be bound by these Terms & Conditions of Sale ("Terms & Conditions") and any additional terms we provide, including but not limited to our Terms of Service and the terms of the Limited Warranty included in-box with a Product (Source: Sales Terms).

We reserve the right to change these Terms & Conditions at any time, so please review the Terms & Conditions each time prior to making a purchase from the Store. Every time you order Products from Nest, the Terms & Conditions in force at that time will apply between you and Nest. If you purchase our Subscription Services, we will notify you in the event that we make changes to these Terms & Conditions that affect your subscription (Source: Sales Terms).

In the event that we change the pricing for any Subscription Service you have purchased, we will give you advance notice of this change in accordance with section 16 (Notifications). After receiving this notice, you will be deemed to have accepted the change in pricing, unless you cancel your subscription as set forth in section 4(d) above (Sales Terms).

BY ACCESSING AND USING THE SERVICES (INCLUDING THE SITES), YOU ARE ACCEPTING AND AGREEING TO THESE TERMS ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT IN CONNECTION WITH THE ACCESS (Source: Terms of Service).

All additional guidelines, terms or rules and the Website Privacy Policy ("Website Privacy Policy") and the Privacy Statement (“Privacy Statement”) are incorporated by reference into these Terms and you are agreeing to accept and abide by them by using the Services (Source: Terms of Service).

Changes to these Terms. Nest reserves the right to make changes to these Terms. We will post notice of modifications to these Terms on this page. You should ensure that you have read and agree with our most recent Terms when you use the Services. Continued use of the Services following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the revised Terms (Source: Terms of Service).

By using the software (“Product Software”) that is embedded on the Nest Labs product (“Product”), you agree to the terms of this End User License Agreement (“EULA”) between you and Nest Labs, Inc. (“Nest Labs” or “we”). IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, YOU MAY NOT USE THE PRODUCT SOFTWARE AND YOU MAY CHOOSE TO PROMPTLY RETURN THE PRODUCT FOR A REFUND OF THE PRODUCT PURCHASE PRICE BY CONTACTING NEST LABS AT THE ADDRESS BELOW (Source: EULA).

BY ACCESSING AND USING THE PRODUCT SOFTWARE, YOU ARE ACCEPTING AND AGREEING TO THIS EULA ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT IN CONNECTION WITH THE ACCESS (Source: Terms of Service).

Except as otherwise provided in this section, no amendment to this EULA will be valid unless it is in writing hand-signed by the parties (Source: EULA).

By using Nest Products, you agree to allow us to collect and process information as described below (Source: Privacy Statement for Nest Products and Services).

Please note that this Privacy Statement may change from time to time. We will provide notice of any changes on the website or by contacting you (Source: Privacy Statement for Nest Products and Services).

16. Does the provider reserve to himself the right to unilaterally modify the software? Yes
The provider reserves the right to automatically fix, update or otherwise modify the embedded software and the services. However, practically automatic updates are only possible when the thermostat is connected both to the Wi-Fi and the Nest Account; therefore, in order to avoid updates, the solution might be to terminate the Account: indeed, even if many smart features would be lost, it would be still possible to use the device.


Nest may, from time to time, develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of the Services and/or the Product Software (“Updates”). These may be automatically installed without providing any additional notice or receiving any additional consent. You consent to this automatic update. If you do not want such Updates, your remedy is to terminate your Account and stop using the Services and the Product. If you do not terminate a previously created Account, you will receive Updates automatically. You acknowledge that you may be required to install Updates to use the Services and the Product and you agree to install any Updates that Nest provides promptly. Your continued use of the Services and the Product is your agreement – (i) to these Terms with respect to the Services, and (ii) to the End User License Agreement with respect to updated Product Software (Source: Terms of Service).

YOU ARE CONSENTING TO AUTOMATIC SOFTWARE UPDATE OF THE PRODUCT SOFTWARE. IF YOU DO NOT AGREE, YOU SHOULD NOT USE THE PRODUCT SOFTWARE (Source: EULA).

Nest may from time to time develop patches, bug xes, updates, upgrades and other modfications to improve the performance of the Product Software and related services (“Updates”). These may be automatically installed without providing any additional notice or receiving any additional consent. You consent to this automatic update. If you do not want such Updates, your remedy is to stop using the Product. If you do not cease using the Product, you will receive Updates automatically. You acknowledge that you may be required to install Updates to use the Product and the Product Software and you agree to promptly install any Updates Nest provides. Your continued use of the Product is your agreement to this EULA (Source: EULA).

When connected to Wi-Fi, the Nest Learning Thermostat receives software updates automatically (Source: https://nest.com/uk/support/article/How-do-I-update-the-software-on-my-Nest-Learning-Thermostat).

BY ACCESSING AND USING THE SERVICES (INCLUDING THE SITES) [...] YOU ARE CONSENTING TO AUTOMATIC SOFTWARE UPDATE OF THE SERVICES AND OF THE PRODUCTS CONNECTED TO THE SERVICES. IF YOU DO NOT AGREE, YOU SHOULD NOT USE THE SERVICES (Source: Terms of Service).

While your Nest products will work great without being connected to a Nest Account, many of the key features are only available once you’ve paired your Nest products to your Nest Account.

Your Nest Account allows you to securely access and control your Nest products with the Nest app on a mobile device or on the Web with a computer. Basically, you have control from any place you can get an Internet connection. In addition, when your Nest products are connected to Wi-Fi and your Nest Account they’ll automatically get software updates (Source: https://nest.com/uk/support/article/What-s-a-Nest-Account-and-how-do-I-get-one).

Technical characteristics

1. Which is the duration of the provider role? Continuing
The most complete use of the Nest Learning Thermostat implies the exploitation by the customer of the services provided by Nest, essentially the Account and the Apps.

However, we must highlight that, even without the use of the service, the essential features of the thermostat remain available: he becomes mostly like a "dumb" thermostat (even if some information is processed and stored locally, on the device; but it isn't clear what kind of information), but it isn't useless.


To use the Services, you must register for a user account (“Account”) (Source: Terms of Service).

You agree not to, and you will not permit others to [...] modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Product Software (except to the extent applicable laws specifically prohibit such restriction for interoperability purposes, in which case you agree to first contact Nest Labs and provide Nest Labs an opportunity to create such changes as are needed for interoperability purposes). You may not release the results of any performance or functional evaluation of any of the Product Software to any third party without prior written approval of Nest Labs for each such release (Source: EULA).<u>See DIRECTIVE 2009/24/EC on the legal protection of computer programs, article 6, which concerns Decompilation.

The Product Software is deemed irrevocably accepted upon your use of the Product Software or Product. Nest Labs will have no responsibility to provide maintenance or support services with respect to the Product Software. The parties are independent contractors (Source: EULA).

While your Nest products will work great without being connected to a Nest Account, many of the key features are only available once you’ve paired your Nest products to your Nest Account.

Your Nest Account allows you to securely access and control your Nest products with the Nest app on a mobile device or on the Web with a computer. Basically, you have control from any place you can get an Internet connection. In addition, when your Nest products are connected to Wi-Fi and your Nest Account they’ll automatically get software updates (Source: https://nest.com/uk/support/article/What-s-a-Nest-Account-and-how-do-I-get-one).

When you remove a Nest product such as Nest Protect or a Nest Learning Thermostat from your Nest Account, you’ll lose many of the functions and control you’re used to: things like remote thermostat control with your mobile phone, emergency notifications, and more. You’ll also lose any additional features you get from your Works with Nest (WWN) connections (Source: https://nest.com/uk/support/article/What-happens-to-Works-with-Nest-connections-when-I-remove-a-Nest-Protect-or-Nest-Thermostat-from-my-Nest-Account).

To use the Nest app, you'll need: a free Nest Account. If you don't have one yet, you can create one directly on the app's login screen (Source: https://nest.com/uk/support/article/Learn-more-about-the-Nest-app).

Some information is processed and stored directly on the Nest device (Source: Privacy Statement for Nest Products and Services).

2. Is the branded hardware necessary for product usability? Yes
It is explicitly stated that the embedded software can't be used or executed on any device or computer other than the Nest Thermostat.

Moroeover, Nest Services are provided for use in conjunction with Nest hardware products, and in other ways that Nest provides, but among these other ways the exploitation of an alternative hardware isn't envisaged. Finally, the services can be accessed only thorugh the interface provided by Nest.


The term “Services” means the Sites, Web Apps, Mobile Apps, Subscription Services and MyEnergy Service. Nest provides those Services all for use in conjunction with Nest hardware products (“Products”) and in other ways that Nest provides (Source: Terms of Service).

Subject to these Terms, Nest grants you a non-transferable, non-exclusive right (without the right to sub-license) to access and use the Services by [...] using the Web Apps in connection with and solely for the purpose of controlling and monitoring the Products installed on your property or otherwise accessing a service explicitly provided by Nest for your use (the “Permitted Purpose”) (Source: Terms of Service).

[Y]ou agree not to access (or attempt to access) any of the Services by means other than through the interface that is provided by Nest (Source: Terms of Service).

Nest Labs grants to you a limited and nonexclusive license (without the right to sublicense) to execute one (1) copy of the Product Software, in executable object code form only, solely on the Product that you own or control and solely for use in conjunction with the Product for your personal, non-commercial purposes (Source: EULA).

You agree not to, and you will not permit others to [...] use any portion of the Product Software on any device or computer other than the Product that you own or control (Source: EULA).

To use the nest App, you'll need: a free Nest Account [...]; at least one Nest product (Source: https://nest.com/uk/support/article/Learn-more-about-the-Nest-app).

3. Is the branded software necessary for product usability? Yes
Nest Services can be accessed only through the interface provided by Nest, and we may infer that this vague word that is "interface" may include also the software provided by Nest.

Moreover, it is stated that if the customer doesn't want the embedded software automatic updates, he must cease using not only the software, but also the hardware: that means that the use of the device in combination with an alternative third-party software is an option that is not considered by Nest Labs.


The operating system itself is based on Linux 2.6.37 and many other free software components.[25] To comply with the terms of the GPLv3 license under which some components are available, Nest Labs also provides a special firmware image which will unlock the system so that it will accept unsigned firmware images. While the thermostat software by Nest Labs itself remains proprietary, a third party has reimplemented the basic logic in an open source replacement called FreeAbode (Source: https://en.wikipedia.org/wiki/Nest_Labs).

[Y]ou agree not to access (or attempt to access) any of the Services by means other than through the interface that is provided by Nest (Source: Terms of Service).

By using the software (“Product Software”) that is embedded on the Nest Labs product (“Product”), you agree to the terms of this End User License Agreement (“EULA”) between you and Nest Labs, Inc. (“Nest Labs” or “we”). IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, YOU MAY NOT USE THE PRODUCT SOFTWARE AND YOU MAY CHOOSE TO PROMPTLY RETURN THE PRODUCT FOR A REFUND OF THE PRODUCT PURCHASE PRICE BY CONTACTING NEST LABS AT THE ADDRESS BELOW (Source: EULA).

This EULA and the license granted hereunder are effective on the date you first use the Product Software or Product and shall continue for as long as you own the Product, unless this EULA is terminated under this section. Nest Labs may terminate this EULA at any time if you fail to comply with any term(s) hereof. You may terminate this EULA effective immediately upon written notice to Nest Labs. Upon termination of this EULA, the license granted hereunder will terminate and you must stop all use of the Product Software (Source: EULA).

You consent to this automatic update. If you do not want such Updates, your remedy is to terminate your Account and stop using the Services and the Product. [...] Your continued use of the Services and the Product is your agreement – (i) to these Terms with respect to the Services, and (ii) to the End User License Agreement with respect to updated Product Software (Source: Terms of Service).

You consent to this automatic update. If you do not want such Updates, your remedy is to terminate your Account and stop using the Services and the Product. [...] Your continued use of the Services and the Product is your agreement – (i) to these Terms with respect to the Services, and (ii) to the End User License Agreement with respect to updated Product Software (Source: Terms of Service).

4. Is the branded "service" necessary for product usability? No
The branded services are necessary in order to have a completely smart thermostat: without the service component provided by Nest (particularly, the apps and the Nest Account), remote control wouldn't be possible; the automation and optimization of the HVAC system performance would be reduced - even if it is difficult to understand to which extent, considering that some information is processed and stored directly on the device; moreover, the thermostat wouldn't be able to be part anymore of the system of smart things that the Works with Nest platform enables.

However, our answer to this question in negative because, even without the service component, the thermostat won't become a useless piece of silicon, but will be able to perform the functions at least of a dumb counterpart.


The term “Services” means the Sites, Web Apps, Mobile Apps, Subscription Services and MyEnergy Service (Source: Terms of Service).

Some Nest products and Services can be used together or in ways that integrate with products and services from third parties (Source: Terms of Service).

Subject to these Terms, Nest grants you a non-transferable, non-exclusive right (without the right to sub-license) to access and use the Services by [...] using the Web Apps in connection with and solely for the purpose of controlling and monitoring the Products installed on your property or otherwise accessing a service explicitly provided by Nest for your use (the “Permitted Purpose”), and ·[...] installing and using the Mobile Apps solely on your own handheld mobile device (e.g. iPhone, iPad or Android smartphone) and solely for the Permitted Purpose (Source: Terms of Service).

[Y]ou agree not to access (or attempt to access) any of the Services by means other than through the interface that is provided by Nest (Source: Terms of Service).

Systems Requirements. The Services will not be accessible without [...] an Account [...]. It is your responsibility to ensure that you have all required system elements and that they are compatible and properly cofigured. You acknowledge that the Services may not work as described when the requirements and compatibility have not been met (Source: Terms of Service).

Nest uses third-party service providers to enable some aspects of the Services – such as, for example, data storage, synchronisation and communication through Amazon Web Services (Source: Terms of Service).

You acknowledge and agree that the availability of the Mobile Apps is dependent on the third-party websites from which you download the Mobile Apps, e.g. the App Store from Apple or the Android app market from Google (each an “App Store”) (Source: Terms of Service).

While your Nest products will work great without being connected to a Nest Account, many of the key features are only available once you’ve paired your Nest products to your Nest Account.

Your Nest Account allows you to securely access and control your Nest products with the Nest app on a mobile device or on the Web with a computer. Basically, you have control from any place you can get an Internet connection. In addition, when your Nest products are connected to Wi-Fi and your Nest Account they’ll automatically get software updates (Source: https://nest.com/uk/support/article/What-s-a-Nest-Account-and-how-do-I-get-one).

When you remove a Nest product such as Nest Protect or a Nest Learning Thermostat from your Nest Account, you’ll lose many of the functions and control you’re used to: things like remote thermostat control with your mobile phone, emergency notifications, and more. You’ll also lose any additional features you get from your Works with Nest (WWN) connections (Source: https://nest.com/uk/support/article/What-happens-to-Works-with-Nest-connections-when-I-remove-a-Nest-Protect-or-Nest-Thermostat-from-my-Nest-Account).

To use the Nest app, you'll need: a free Nest Account. If you don't have one yet, you can create one directly on the app's login screen (Source: https://nest.com/uk/support/article/Learn-more-about-the-Nest-app).

You agree not to, and you will not permit others to [...] modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Product Software (except to the extent applicable laws specifically prohibit such restriction for interoperability purposes, in which case you agree to first contact Nest Labs and provide Nest Labs an opportunity to create such changes as are needed for interoperability purposes) (Source: EULA). <u>See DIRECTIVE 2009/24/EC on the legal protection of computer programs, article 6, which concerns Decompilation.

Some information is processed and stored directly on the Nest device (Source: Privacy Statement for Nest Products and Services).

5. Do the device's administration rights belong to the product provider? Not processed
Even if, for the moment, we can't answer to this question, there are some clues that drive us to affirm that the power that Nest Labs reserves on the device are weaker than the ones showed by other smart things' providers examined: indeed, there are no references, in the Legal Information provided, to a possibility and - most importantly - a right to remotely blocking the thermostat; all retaliation acts Nest Labs could materially and directly implement concern the service component, not the thermostat itself.
6. Which possibilities does the consumer have to dispose of his data? Deletion
For what concerns personally identifiable information, the customer has the power to access, delete and modify it.

For what concerns the data - personal or not - that is stored on his device, he can delete it directly by resetting - partly or totally - the device. For what concerns, however, access to non-personal data, i.e. the raw data collected by the thermostat, nothing is said in the Legal Information provided, and also the website gives us modest clues. We simply know that; i. it is possible to access to energy history through the apps and even directly on the device, but it isn't clear if this history is provided only in a summarized form or also in greater detail; once a month, it is sent the customer an e-mail summarizing (i.e. not providing him with raw and machine-readable data) his heating usage, safety events, and other information about his home and his Nest products. For what concerns his account, he can totally delete it.


Some information is processed and stored directly on the Nest device (Source: Privacy Statement for Nest Products and Services).

You can delete the information on the Nest device by resetting it to the defaults (using Reset in the Settings menu) (Source: Privacy Statement for Nest Products and Services).

You can access, amend or delete your personal information from Nest’s servers through the controls in your account (Source: Privacy Statement for Nest Products and Services).

You can delete your Nest Account with the Nest app, on the Web or by contacting Nest support. [...] When you request that we delete your Nest Account and your MyEnergy account, if you have one, we will delete your personal information in your Nest Account as well. (Source: https://nest.com/uk/support/article/How-to-delete-your-Nest-Account).

If the schedule your Nest Thermostat has learned isn't a good fit, you can always change, add or remove scheduled setpoints directly on the Nest Thermostat or in the Nest apps. [...] If you like, you can also reset Auto-Schedule in SETTINGS > RESET to remove what your Nest Thermostat has learned about your schedule and preferences. When you do so, the Nest Thermostat will learn your schedule from scratch (Source: https://nest.com/uk/support/article/How-will-Nest-learn-my-schedule-if-I-install-it-during-a-week-when-my-schedule-is-unusual).

Resetting your Nest Thermostat will let decide what to erase: your schedule, Auto-Away information, network information, or your all of your thermostat settings (Source: https://nest.com/uk/support/article/How-to-restart-or-reset-the-Nest-Learning-Thermostat).

Nest Energy History [...] shows you how often and for how long your heating system was on. The history can be read on the Thermostat, on the Web or on the Mobile App (Source: https://nest.com/uk/support/article/How-to-read-my-Energy-History-on-the-Nest-Learning-Thermostat).

The Nest Home Report is a monthly email sent out by Nest summarizing your heating usage, safety events, and other information about your home and Nest products (Source: https://nest.com/uk/support/article/Why-haven-t-I-received-my-Nest-Home-Report).

Usability

1. Can the consumer enjoy the product for an unlimited period? No
We answer negatively to this question because the EULA states that the customer that doesn't comply with it must cease to use the embedded software and the hardware itself (even if it is not clear how this prohibition of further use could be enforced; moreover, we should question if the license on the software isn't actually a sale, even if this doesn’t seem probable at a first sight, because - even if it is paid a lump-sum for it - it is not explicitly stated that the license is unlimited in time, and moreover it is affirmed that it can be terminated in case of violation of the EULA terms; finally, the UsedSoft case applies where there is need for verifying if the exhaustion principle is applicable - and therefore when it must be clarified if the software is transferable to a new owner even without the consent of the copyright holder and even if the EULA establishes a transfer prohibition -, but it is doubtful that it could be applied also when the nature of the contract must be established for other purposes, even if - in the case in which the violation of the EULA that terminate the license consists in a not-allowed transfer, the applicability of UsedSoft may exclude that such a behaviour by the first acquirer could be qualified as a failure to comply with the EULA).

However, this is the only event that can actually make the customer unable to use the thermostat. In fact - even if the contractual terms state that the customer that doesn't want the embedded software automatic updates must cease to use the device (see CC9) - it is sufficient to stop connecting the device to the Account to avoid the automatic updates (see CC16). Moreover, even if the provider reserves the right to discontinue the services at any time (CC10), these services are not essential for thermostat usability (see TC4). Finally, there is no reference to the possibility for the provider to remotely deactivate the device.

2. Can the consumer sell the device? Not available
Even if the embedded software is only licensed (see CC4) and the contractual terms state that the thermostat is not authorized for resale, this prohibition may be probably interpreted as a prohibition of resale by a professional retailer, and moreover the legal information makes several references to the transfer of the thermostat to a new owner (see CC6).
3. Can the consumer transfer the account? No
The customer can't transfer the account, but this doesn't seem to cause usability problems of the thermostat by subsequent users (see CC7).
4. Can the consumer delete his data? Yes
The customer can directly and totally reset the Thermostat (see CC12 and TC6). The customer can delete personally identifiable information form the provider's server (see CC12 and TC6).
5. Can the consumer delete his account? Yes
The customer can completely delete his Account (see CC12).
6. Can the consumer use his data? Not available
There are no contractual terms or website information dealing with the right and possibility for the customer to export his data (see CC13, CC14 and TC6): moreover, even if the provider deals with the possibility of access, the contractual terms only confer the right to access the personally identifiable information about himself, and the website speaks about some information collected by the thermostat to which the user can access, but this information is already processed information, not raw data (see CC11).

It is true that a web API is provided (which may give access to the raw data collected by Lest Labs), but it seems only destined to third parties that want to make their products interoperable with Nest (see CC8).

7. Can the consumer use the HW and SW in combination with third party SRV? No
The customer can't use the hardware and software in combination with a third party service alternative to the service provided by Nest (because the Nest account is necessary in order to benefit of connected third party services: see TC4), but he can use the entire Nest product (hardware + software + service) in combination with third party services (see CC8).
8. Can the consumer use the HW and SRV in combination with third party SW? No
The services can be accessed only through the interface provided by Nest, and, moreover, if the customer doesn't want automatic updates of the software, he must also cease to use the hardware (see TC3).
9. Can the consumer use the SW and SRV in combination with third party HW? No
Nest embedded software can't be used on any device different from the Nest thermostat, and Nest services must be used in conjunction with Nest Thermostat (see TC2).
10. Can the consumer use the HW in combination with third party SW and SRV? No
If the customer doesn't want automatic updates of the software, he must also cease to use the hardware (see TC3).

The customer can't use the hardware in combination with a third party service alternative to the service provided by Nest (because the Nest account is necessary in order to benefit of connected third party services: see TC4), but he can use the entire Nest product (hardware + software + service) in combination with third party services (see CC8).

11. Can the consumer use the SW in combination with third party HW and SRV? No
Nest embedded software can't be used on any device different from the Nest thermostat (see TC2).

The customer can't use the software in combination with a third party service alternative to the service provided by Nest (because the Nest account is necessary in order to benefit of connected third party services: see TC4), but he can use the entire Nest product (hardware + software + service) in combination with third party services (see CC8).

12. Can the consumer use the SRV in combination with third party HW and SW? Not available
Nest Services are provided for use "in other ways that Nest provides", but among these other ways the exploitation of an alternative hardware isn't for the moment envisaged (see TC2).