TING FIRE SAFETY TECHNOLOGY PROGRAM_PARTICIPATION AGREEMENT

This is an Agreement (“Agreement”) between State Farm Fire and Casualty Company (“State Farm Company”) and its Homeowners Policyholder, (“You”) with the Policyholder home address that you have entered (“Home”) to govern your participation in the Ting Fire Safety Technology Program (“Program”).

THIS AGREEMENT SETS FORTH THE TERMS OF OUR AGREEMENT AND CONTAINS LIMITED WARRANTIES, DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY AND SHOULD BE READ CAREFULLY. THIS AGREEMENT IS NOT AN INSURANCE CONTRACT AND DOES NOT MODIFY OR CHANGE ANY TERM, CONDITION, OR COVERAGE WITHIN YOUR INSURANCE POLICY

1. You agree to provide or register with Whisker Labs, the manufacturer of the Ting Fire Safety Technology, your name, email address, installation address, and phone number, for the purposes of:

• Program registration
• Ting Sensor shipment and delivery
• Delivery of location based analysis and notifications
• Delivery of follow-up emails regarding home specific metrics, program information and correspondence
• Contacting You in the case of fire hazard detection at your home

2. You will agree to the Whisker Labs Terms and Conditions, which can be found at https://www.tingfire.com/ting-terms-of-service/ and will also be provided to You during account creation within the Ting application. Upon selecting “Create Account” You will be presented with the Terms and Conditions. You must click “I Agree” or You will be unable to proceed with account setup or participate in the Program. You will also have acknowledged this Agreement online through either State Farm Company or Whisker Labs.
3. Whisker Labs will provide You with one Ting sensor to be self-installed by You in your Home within 10 days of receipt of the Ting sensor, via the accompanying mobile application and instructions provided by Whisker Labs. The Program is for 36 months from activation (“Activation Period”), subject to termination provisions set forth in Paragraph 10 of this Agreement. State Farm Company agrees to pay for cost of the initial activation, Ting sensor and the first 12 months of service of the Activation Period. Thereafter State Farm Company, at its sole option, may pay for an additional 12 or 24 months of service during the Activation Period or provide notice of discontinuation of payment and allow You to continue in the Program by paying the then-current rates, fees and taxes. The notice of discontinuation of payment is not a termination under Paragraph 10 and the data collection will continue under the Program. After the initial 36 months Activation Period, the Program may be extended at the sole option of State Farm Company (“Extended Period”) and terminated without notice. The Ting sensor, using high speed digital signal processing and machine learning, is intended to detect the presence of small electrical discharges and arcs prior to them potentially becoming an imminent fire hazard within the home. The sensor, activation and service are being provided free of charge for at least the initial 12 months and in the event of the additional 12 or 24 months of service are in exchange for being a current and continuous Homeowners Policyholder (non-tenant) with State Farm Company during the Activation Period and any Extended Period, your participation in the Program and your associated responsibilities defined herein.
4. Whisker Labs shall make available a mobile application (Android and iOS) which must be used to activate the service, pair the Ting sensor to your Wi-Fi, which connects to your internet, and eventually, notifies You of potential electrical fire hazards detected by the Ting sensor. If a potential electrical fire hazard is detected Whisker Labs will contact you via app notification, text, email and/or telephone as soon as is practicable after we determine that the electrical signal may pose an electrical fire hazard. Whisker Labs may ask for your assistance to help isolate the signal within your building, to help Whisker Labs with diagnosis and to help us determine whether an electrician should be consulted. You agree to provide such assistance as reasonably may be needed in this regard but only to the extent that you are comfortable providing requested assistance and expressly agree to do so. In the case of a Ting identified hazard, our Ting Support Team will notify you through a phone call, text, email and/or App notification. If needed, Whisker Labs will dispatch a Ting certified licensed electrician to help find and fix the hazard, with up to $1,000 of the contractor’s work covered by Whisker Labs. See the Whisker Labs Ting Sensor Service End User License Agreement (EULA) found at https://www.tingfire.com/ting-terms-of-service/. You will be responsible for any costs over $1,000 and any dispute is between You and Whisker Labs.
5. You agree to allow Whisker Labs to continuously collect and use your Ting sensor data for the duration of the Program (Activation Period and any Extended Period), as defined in the Whisker Labs Terms and Conditions.
6. You agree to allow State Farm Mutual Automobile Insurance Company, for the benefit of itself, its subsidiaries and affiliates, including State Farm Company (collectively “State Farm”) access to your Ting sensor data, which will be made available to State Farm during the Program. State Farm may access and transfer the data to a secure environment. State Farm will analyze the data to learn more about the Whisker Labs Ting Fire Safety technology capabilities, detection efficiency, and potential to consistently identify arcs prior to them becoming an imminent fire hazard within the Home and other related uses such as underwriting for purposes of potential future product development or enhancement. Your participation will not impact your current homeowner’s policy.
7. You agree to respond to participant surveys that will be administered by Whisker Labs. Survey timing may include post-installation, mid-way through, and upon conclusion of the Program. Whisker Labs will share survey results with State Farm. Surveys will be administered via email, and if determined necessary, via optional focus groups and one-on-one interviews. State Farm shall own all analysis results and technology improvements and developments related thereto, including all intellectual property rights, from its analysis of your and other participants’ data.
8. At the completion of the Program, You agree to return the Whisker Labs Ting sensor to State Farm Company, per the return process instructions that will be communicated to You prior to the conclusion of the Program.

If at the conclusion of the Program You wish to keep the Ting sensor and continue with Whisker Labs service, You will have the opportunity to become a direct customer of Whisker Labs and pay the then-current rates, fees and taxes. This relationship would be solely between You and Whisker Labs, independent of any State Farm Company affiliation. If You elect to keep the Ting sensor and continue service with Whisker Labs, the value of the Ting sensor may be reported as income for tax purposes. State Farm Company makes no representation regarding the tax implications of participating in this Program. You should consult a professional tax advisor regarding your personal situation.

9. State Farm makes no representations or warranties regarding the performance of the Whisker Labs Ting sensor or associated service (“System”). You agree that State Farm is not responsible for the performance of such Ting sensor or the associated service. The Whisker Labs Ting sensor and service may not recognize all conditions, surges, sags, dips, faults, overload, or properly detect arc faults which represent an imminent fire hazard.

You understand and agree that the service rendered under this Program relies on wireless or broadband (Internet access) and local area network (Wi-Fi) both of which are under your control and State Farm does not control or guarantee any wireless or broadband service or local area network. Inherent in this system is a failure when wireless or broadband (Internet) and/or local area network has an interruption in service, including at your Home. In this event, because it is also dependent on internet access, the service will likewise be interrupted. State Farm is not responsible for any action taken, or not taken, by You as a result of this Program.

NO WARRANTY OR REPRESENTATION. State Farm does not represent or warrant that the Whisker Labs Ting sensor or associated service (“System”) may not be compromised or circumvented or that the System will prevent any personal injury, loss of life, or property loss or damage or that the System will in all cases provide the notification or monitoring which is intended regardless of the reason, including but not limited to a failure in the monitoring or failure to contact You, and You have not relied upon any such representation or warranty. You acknowledge that any other affirmation of fact or promise made by State Farm, even if in writing shall not be deemed to create an express warranty. STATE FARM, ON BEHALF OF ITSELF AND WHISKER LABS, EXPRESSLY DISCLAIMS ANY AND ALL OTHER REPRESENTATIONS AND WARRANTIES WHETHER EXPRESS OR IMPLIED, INCLUDING THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. STATE FARM AND ITS DIRECT AND INDIRECT SUPPLIERS MAKE NO REPRESENTATION THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THE SYSTEM WILL ALWAYS FUNCTION AS INTENDED.

10. State Farm Company may terminate the Program at any time upon notice to You. You may discontinue participation in the Program at any time by providing notice to Whisker Labs. Once your discontinuation notice is received or if State Farm Company terminates, State Farm Company will stop collecting data, but State Farm will retain the data collected prior to your discontinuation for an infinite amount of time. You will be required to return the Whisker Labs Ting sensor per the return process instructions provided to You.
11. You acknowledge that because You are not being charged by State Farm Company for at least the initial 12 months and your control over your Wi-Fi and Internet access are not sufficient to guarantee in any way that no loss or damage will occur or that the System will always function as intended and that State Farm is not assuming responsibility for any personal injury, loss of life, or property loss or damage which may occur even if due to State Farm’s negligence performance or which may arise due to the faulty operation of the System, the failure to perform said service or the failure of the service.

State Farm Company and You hereby agree that if, notwithstanding the above provisions, there should arise any liability whatsoever on the part of State Farm, its directors, officers, employees, agents or assigns, it is agreed that the total liability shall not exceed the aggregate sum of two hundred fifty dollars ($250). This sum shall be complete and exclusive and shall be paid and received as an exclusive remedy and not as a penalty.