Nest Terms Scorecard

Grade C — Standard consumer terms (score 61/100)

Nest forces binding arbitration and class action waivers, claims a perpetual license to user content, and imposes broad indemnification obligations on users.

Forced arbitration, perpetual content license, and broad liability waivers.

Terms at a glance

Sells your data
UNCLEAR
Forced arbitration
YES
Trains AI on your content
UNCLEAR
Collects biometric data
LIKELY
Shares data with government
UNCLEAR
Easy to cancel
YES
Tells you before changes
NO
Deletes data on request
UNCLEAR

What the terms actually say

Section 13(a) — Arbitration

THIS ARBITRATION IS MANDATORY AND NOT PERMISSIVE. ... WAIVING THE RIGHT TO A TRIAL BY JURY; (B) WAIVING THE RIGHT TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION.

You are forced to resolve disputes through private arbitration and cannot join class action lawsuits or have a jury trial.

Section 6(c) — User Submissions

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

Nest claims a permanent, global license to use your content for any purpose, which does not end even if you delete your account.

Section 7 — Indemnity

YOU AGREE TO INDEMNIFY, DEFEND, RELEASE AND HOLD NEST ... HARMLESS FROM AND AGAINST ... PAYMENT OF THE NEST PARTIES’ ATTORNEYS’ FEES AND COSTS

You are financially responsible for Nest's legal costs and damages if they are sued by a third party due to your actions.

Section 15(a) — Changes to Terms

Nest reserves the right to make changes to these Terms. Nest will post notice of changes to any one or more of the following: this page, a Site, Web Apps, or Mobile Apps. Continued use of the Services and Products following notice of such changes shall indicate your acknowledgment of such changes and agreement to be bound by the revised Terms.

Nest can change the terms at any time by posting them on their website, and your continued use counts as your agreement.

Section 11 — Limitation of Liability

NEST’S TOTAL CUMULATIVE LIABILITY ... SHALL BE LIMITED TO AN AMOUNT NEVER TO EXCEED TWO (2) TIMES THE FEES ACTUALLY PAID BY YOU

Nest limits its financial liability to twice the amount you paid them in the last year, regardless of the damage caused.

Section 13(f) — Opt-Out

If you do not wish to be bound by the arbitration and class-action waiver provisions in this Section 13, you must notify Nest in writing within 30 days of the date that you first accept these Terms

You have a 30-day window to opt out of the mandatory arbitration requirement by sending a written notice.

Last reviewed 2026-08-02 under rubric v3.5.

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