Google Store Sales Terms

1. Google Services

When you use any Google product or services through your Device or Subscription Services, your use is subject to the applicable terms and conditions for those services, including the Google Terms of Service. Use of certain Device features or Subscription Services may require that you open a Google Account. Note that Google services and content may vary by region.All features, functionality and other product specifications are subject to change without notice or obligation, other than as required by applicable law.

2. Google Payments or Guest Checkout

To place an order, you may use guest checkout or be signed in to your Google account. To use guest checkout, you will need to agree the Google Payments Terms of Service. Do not place an order if you do not agree to these payment terms. You may also need to maintain a Google Payments account to receive some support offered by Google. A Google Payments account is free.

3. Privacy

Please refer to our Google Privacy Policy and the Google Payments Privacy Policy for more information on how Google collects, uses and shares the information we receive from you.

4. Support

Please refer to Google Store Support to learn more about any support offered by Google in connection with your Device and/or Subscription Services. The Google support team will only provide support if you are located in a supported country with order management or technical support, as described in the Country Availability Page.

5. Ordering and Payment

By providing a credit card or other payment method accepted by Google, you represent and warrant that you are authorized to use the designated payment method, and you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your order (including any applicable taxes and other charges detailed at checkout). If the payment method you provide cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your order.

Google reserves the right to reject all or part of an order or a return request and may refuse to ship Devices to you, or refuse to provide Subscription Services, for reasons such as: (a) if we detect suspicious or fraudulent activity (including unauthorized reseller activity); (b)  if we detect any violation of these Terms; (c) if you do not live in a country from which Devices may be purchased or the Subscription Services will be provided; or (d) if you order more than the permitted maximum number of Devices.

6. Subscription Services

We offer different subscription plans for our Subscription Services.

Continuous Subscriptions. When you purchase any of our Subscription Services, you expressly acknowledge and agree that (1) Google is authorized 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 as set out in the Cancellation Policy, or such Subscription Service is suspended, discontinued or terminated in accordance with these Terms.

Billing. We automatically bill the payment method associated with your Google Account on a monthly or annual basis (depending on the billing cycle you choose). Day one of your billing cycle is tied to the date you activate your Subscription Services by pairing them to Device(s). In the event you later decide to purchase additional Subscription Services (each, an “Add-On Service”), your payment for such Add-On Service will be added to your existing billing cycle. This means if you subscribe to an Add-On Service after the beginning of a billing cycle we will prorate the Add-On Service payment for that billing cycle and add it onto the payment due on your next subscription renewal date, in addition to any normal amount due for the Add-On Service and the amount owed for the Subscription Services you had previously purchased. Thereafter, the full amount of the Add-On Service plus your other Subscription Services will be charged on your subscription renewal date.

When you purchase a Subscription Service, you will be charged at the rate applicable at the time of your agreement If the price of the subscription change later, Google will notify you in advance in accordance with these Terms and the applicable law, providing an effective date for the price change. Unless you cancel your Subscription prior to the effective date of the price change, the modified price will apply to the next payment due from you after the effective date If you do not wish to pay the modified price for a subscription, you may cancel the Subscription Service in accordance with the procedure described in the Cancellations section of these Terms, and you will not be charged further amounts for the Subscription Service.

You acknowledge that the amount billed may vary due to promotional offers, changes in your Subscription Services plan and changes in applicable taxes, and you authorize us to charge your payment method for the corresponding amounts.

Cancellations You may cancel your Subscription Services at any time by logging into your Nest Google Account and selecting "Cancel Subscription." Note that merely unpairing a Device Product from a Subscription Service will not trigger cancellation of the Subscription Service. Other than as set out below (Pre-paid Subscription Services), in the event 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 through the remainder of your billing cycle. If you cancel a Subscription Service but continue to use other Subscription Service(s) following such cancellation, we may provide the refund to you in the form of Store Credit.

Free Trials. We may offer trials of our Subscription Services for limited periods of time without asking you to pay, after which you will be automatically charged the regular price until you cancel your subscription. To avoid being charged, you must cancel before the end of the trial period. Once you cancel your trial, you may immediately lose access to any subscription privileges unless otherwise specified. Access to such trial periods may be limited to a certain number of trials for each user during a given period, or subject to other restrictions as set out in the terms applicable to the relevant trial.

Pre-paid Subscription Services. We may offer Devices that include pre-paid Subscription Services, either included in the purchase price or as multiple products bundled and sold together at a discount. Pre-paid Subscription Services may not be used with Devices other than the Device with which those pre-paid Subscription Services were purchased, unless otherwise specified. If you purchase such Devices, and subject to these Terms, the pre-paid Subscription Services will begin on the date you pair your Device with your Google Account and end on the date noted in your Google Account following activation. Pre-paid Subscription Services are subject to the same terms and conditions as other Subscription Services.

7. Prices and Taxes

The Device and/or Subscription Service price displayed on the Store prior to purchase does not include any shipping charges. Information about shipping charges will be presented at checkout before you place your order. All prices displayed on the Store are in Canadian dollars and are subject to change at any time without notice.

Applicable taxes will be presented at checkout or on the Device or Subscription Service description page, and such taxes are estimated and may be subject to change until you are charged.

8. Delivery

We may not be able to deliver Devices to, or offer Subscription Services in, all locations. Please consult our Country Availability Page for locations to which we will deliver your Device or offer a Subscription Service. If Google is not able to ship a Device to the address you provided, you will be sent a notice and you will not be charged for your order.

If you do not receive your Device, please contact Google Store Support.

Any delivery dates or times provided by Google (or a delivery agent) are estimates only and are not guaranteed.

9. Availability and Order Limits

All Devices offered on the Store are subject to availability. We reserve the right to discontinue offering certain Devices and/or a Subscription Service without prior notice, unless required by law.

Certain products have quantity limits. You may not order more than the maximum number of Devices that we specify on a product page or in a product description. For example, the product description or product page may contain a maximum order limit for a particular Device.

10. Pricing Mistakes

We try very hard to make sure there are no mistakes in the prices that appear on the Google Store. In the unlikely event that a mistake happens, you agree that Google will not be bound by that incorrect price and may cancel your order. If a mistake is discovered and you haven't been charged yet, we will let you know the correct price, and you will be given the option to continue with your order at the correct price or cancel it.

11. Promotions

Google may offer promotions or promotional prices for the sale of Devices or the purchase of a Subscription Service. If so, any terms applicable to such promotional offers or prices will govern the offer, in addition to these Terms.

12. Import and Export

The Device and/or Subscription Service may be subject to import and export laws and regulations in the United States and elsewhere. You must comply with all domestic and international import and export laws and regulations that apply in connection with the Device and Subscription Service. These laws may include restrictions on destinations, users, and end use.

13. Use of the Device and Subscription Service

Please carefully read any instructions that come with the Device and Subscription Service, including instructions that may be available online. In order to make use of any enhanced functionality of your Device or Subscription Service, you may have to sign in to your Google account or open a Google account if you do not yet have one. Further, you agree to comply with any agreements applicable to your use of the Device, Subscription Service or any software on the Device.

14. Gifts

You may only purchase Devices and/or a Subscription Service for personal use. You may not resell any Device or Subscription Service, but you may give the Device or Subscription Service as a gift.

15. Device Technical Specifications

Battery life for your Device, as described in any Device description page, will depend on Device settings, usage and many other factors. Battery tests are conducted using specific Device units; actual results may vary. Devices with storage capacity may be pre-formatted with operating system software and other files. As a result, actual formatted capacity will be less than the memory listed in any Device description page on the Google Store site.

16. Return Policy

You must comply with our Return Policy here if you want to return a Device for a refund.

17. Data and Deactivation

You are responsible for managing any data stored on your Device or through your Subscription Service, including, for example, deleting, transferring and creating back-ups of such data. For example, if you decide to return the Device, or if you have to send a Device to Google for repair or replacement, it is your responsibility to erase all personal or other data on the Device before sending it to Google.

If you tell Google that you have not received your Device, the Device is defective, or it has been lost or stolen, Google may deactivate that Device. Deactivation does not automatically delete personal or other data stored on your Device. We strongly recommend that you back-up your data periodically.

18. Resale and Warranty

The limited warranty in the Device box and in the Warranty section below is only for the benefit of the end user and not resellers.

19. Defects; Warranties; Disclaimer of Warranties

If the Device is or becomes defective through no fault of your own, you may have statutory rights such as repair or replacement of the defective Device, or in some cases, a price reduction, or the right to cancel the contract for a refund. Please always refer to the manufacturer for any manufacturer warranty, as described in the Warranty Center.

If you have a defective Device, please contact Google Store Support. If you purchase a Device through Project Fi, please contact Project Fi Support.

If the Device is manufactured by a third party, Google may refer you to the applicable manufacturer of the Device for support with Device defects.

If Google provides you with a replacement Device, you agree that Google may exchange the defective Device with a new or refurbished Device. If Google provides you with an advanced replacement device before we receive your defective Device, and you do not return the defective Device within the time communicated to you in notification emails, you authorize Google to charge your original form of payment for the full value of the replacement Device.

Nothing in this section affects your legal rights under statutory or applicable laws. Unless otherwise required under applicable laws, Google may only provide warranty support for Devices manufactured by Google that are located in a supported country, as described in the Country Availability Page.

OTHER THAN THE WARRANTIES REFERRED TO IN THE WARRANTY CENTER, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GOOGLE AND THE DEVICE MANUFACTURERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING ANY DEVICES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

20. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GOOGLE AND ITS SUBSIDIARIES AND AFFILIATES, INCLUDING SUPPLIERS (COLLECTIVELY, "GOOGLE PARTIES") SHALL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY (WHETHER CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU IN CONNECTION WITH THE DEVICE AND/OR SUBSCRIPTION SERVICE OR THESE TERMS, INCLUDING ANY LOSS OF DATA, WHETHER OR NOT A GOOGLE PARTY OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING. YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE GOOGLE PARTIES' TOTAL LIABILITY IN CONNECTION WITH THE DEVICE AND/OR SUBSCRIPTION SERVICE OR THESE TERMS WILL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO GOOGLE UNDER THESE TERMS.

Some jurisdictions or countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

21. Device Features Outside of Google’s Control

You acknowledge that unless specifically provided in any Device description page, no Device comes with a cellular data plan, a wireless service plan or other Internet connectivity service. You are solely responsible for obtaining any access to the Internet or wireless service through a cellular data service provider or a wireless service provider (each, a “Wireless Carrier”) or other Internet connectivity service provider ("Internet Service Provider") whose service is compatible with the Device. If your Device includes functionality allowing you to access the Internet via a cellular data plan, the Device may be configured to work with a certain cellular network technology. Check with your preferred Wireless Carrier for compatibility and mobile data plan availability.

If your Device requires a SIM card, or any other mobile connectivity feature required by your Wireless Carrier or Internet Service Provider, you are solely responsible for obtaining such connectivity feature(s). If your Device includes WiFi functionality that allows you to access the Internet, you understand that you will need access to a compatible WiFi access point.

You agree that, unless specifically provided in any Device description page or otherwise agreed by Google, Google has no responsibility for the provision of cellular data services, wireless services or other Internet connectivity services, or the terms under which Wireless Carriers or Internet Service Providers may offer those services. Internet Service Providers and Wireless Carriers may charge you for usage and other fees that Google does not control.

You understand that the Device may only be compatible with certain hardware accessories manufactured by third parties, and Google makes no warranty with respect to such third-party hardware accessories or their compatibility with the Device.

Returning the Device, in accordance with these Terms, does not cancel your service contract with your Internet Service Provider or Wireless Carrier, if applicable, so you must contact your Internet Service Provider or Wireless Carrier (and any other applicable service provider(s)) directly to cancel such service(s).

22. Store Credit and Promotional Balances

Prepaid Google Store credit (“Store Credit”) including courtesy credits and promotional balances, are valid only for users who are the provincial age of majority or older, and who are residents of Canada. Google Store Credit is issued by Google Payment Corporation (“GPC”). To redeem a Store Credit, you will need to have or create a Google Payments account.

The Store Credit may only be used for purchases of eligible items on the Google Store. Limits may apply to redemption and use. The Store Credit is not redeemable for cash or other cards, is not refundable, cannot be combined by you with other non-Google Store balances in your Google Payments account, and cannot be resold, exchanged or transferred for value, except as required by law. If you have insufficient Store Credit to pay for an item, you may use an additional valid form of payment to complete your transaction. Any unused Store Credit will remain in your Google Store balance, and refunds will be credited back to your Store Credit balance for future use under the same terms, unless otherwise required by law. To view your Store Credit balance, visit the Payments Center page. No fees or expiration dates apply to Store Credit.

GPC is not responsible if Store Credit is stolen or used without your permission. GPC will have the right to close customer accounts and bill alternative forms of payment if a fraudulently obtained Store Credit is redeemed and/or used to make purchases. To the maximum extent permitted by applicable law, GPC makes no express warranties on Store Credit and disclaims all implied warranties, including warranties of merchantability or fitness for a particular purpose, on Store Credit. In the event a Store Credit is non-functional, your sole remedy and GPC’s sole liability will be the replacement of such Store Credit, subject to applicable law. If you live in a jurisdiction which disallows limitations of liability, disclaimers of implied warranties, or disallows the exclusion or limitation of certain damages, then some or all of the disclaimers may not apply to you, and you may have additional rights.

23. Governing Law and Jurisdiction

The courts in some countries will not apply California law to some types of disputes. If you reside in one of those countries, then where California law is excluded from applying, your country’s laws will apply to such disputes related to these Terms. Otherwise, if you are not an individual resident of the province of Quebec, you agree that the laws of California, USA, excluding California’s choice of law rules, will apply to any disputes arising out of or relating to these Terms. Similarly, if the courts in your country will not permit you to consent to the jurisdiction and venue of the courts in Santa Clara County, California, USA, then your local jurisdiction and venue will apply to such disputes related to these Terms. Otherwise, all claims arising out of or relating to these Terms will be litigated exclusively in the federal or state courts of Santa Clara County, California, USA, and you and Google consent to personal jurisdiction in those courts. If you are an individual resident of the province of Quebec, you agree that the laws of Quebec, Canada, excluding its choice of law rules, will apply to any disputes arising out of or relating to these Terms. All claims arising out of or relating to these Terms will be litigated exclusively in the federal or provincial courts of Quebec, Canada, and you and Google consent to personal jurisdiction in those courts.

24. Changes to the Terms

The Terms in effect at the time you place an order for the Device and/or Subscription Service will apply to such order and to the Device(s) and/or Subscription Services, unless and until Google amends such Terms as set out below. Google reserves the right to make changes to these Terms, from time to time, in whole or in part, including but not limited to the availability and/or any aspect of the Device(s) and Subscription Services and plans, pricing, subscription service fees and refund policies, and any such changes will apply to future orders for Devices or Subscription Services, and as described below for prior orders of Subscription Services.

If you purchase our Subscription Services, we may notify you in the event we make changes to these Terms that affect your subscription. Where required by law, or at our discretion, we will provide you with notice thirty (30) days prior to the effective date of the change by posting an updated version of these Terms on our website and/or by sending a message to the email address (or other contact information we have for you at our discretion) associated with your Google Account. If the modification entails an increase in your obligations or a reduction in ours, you may refuse the amendment and rescind or cancel your agreement to these Terms and to the Subscription Services with us without cost, penalty or cancellation indemnity, by providing us with notice to that effect no later than thirty (30) days after the modification comes into force, or on such other timeline as may be required under the applicable law, or specified in our notice to you, or by cancelling your subscription as set forth in section 6 above.

To the fullest extent permitted by applicable law, your continued access to and/or use of the Device and Subscription Services after the date specified in any notice or the “Effective” date set out in any of the Terms constitutes your full acceptance of, and agreement to be legally bound by these Terms, as modified.

25. Events Beyond Reasonable Control

Neither party will be responsible for any delay or failure to comply with these Terms if the delay or failure arises from any cause which is beyond its reasonable control.

26. No Waiver

If you do not comply with these Terms, and we don't take action right away, this doesn't mean that we are giving up any rights that we may have (such as taking action in the future).

27. Severability

If it turns out that a particular term is not enforceable, this will not affect any other terms.