Whisker Labs Ting Sensor Service End User License Agreement (EULA) and Terms of Service
Last updated on September 12, 2023
IMPORTANT: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 19 BELOW, ENTITLED “Agreement to Binding Arbitration and Class Action Waiver”. If you wish to Opt Out you have 30 days to provide notice as described below.
WARNING: THE TING SERVICE IS DESIGNED TO DETECT MICRO-ARCS AND SPECIFIC VOLTAGE ANOMALIES IN RESIDENTIAL ELECTRICAL CIRCUITS AND IN ELECTRICITY DELIVERED TO THE HOME (AS DEFINED BELOW) FROM THE ELECTRICAL UTILITY GRID THAT MAY PRESENT ELECTRICAL FIRE HAZARDS, OR ELECTRICAL SHOCK HAZARDS, AND COULD POTENTIALLY DAMAGE APPLIANCES, ELECTRONICS, AND DEVICES IN A HOME (COLLECTIVELY, “FAULTS”).
ELECTRICITY IS A COMPLEX PHENOMENON, AND ELECTRICAL CIRCUITRY AND THE UTILITY ELECTRICAL GRID ARE COMPLEX, AND THE TING SERVICE CANNOT DETECT ALL FAULTS OR ANY OTHER POTENTIAL ELECTRICAL ANOMALIES OR FIRE HAZARDS. NO GUARANTEE IS MADE THAT THE TING SERVICE WILL WARN AGAINST ALL POTENTIAL ELECTRICAL FIRE HAZARDS, ELECTRICAL SHOCK HAZARDS, OR POOR POWER QUALITY, WHETHER INSIDE THE HOME OR ON THE UTILITY ELECTRICAL GRID. THE TING SERVICE WILL NOT PREVENT ALL ELECTRICAL FIRES, UTILITY GRID FIRES, OR DAMAGE OR INJURY TO THE HOME, ITS OCCUPANTS, AND APPLIANCES, DEVICES, AND ELECTRONICS WITHIN THE HOME OR THIRD PARTIES OR ADJACENT STRUCTURES.
THE TING SERVICE WILL NOT SHUT OFF POWER TO YOUR ELECTRICAL SYSTEM, NOR WILL IT ALERT YOU IF THERE IS A FIRE.
THE TING SENSOR DOES NOT HAVE A BACKUP BATTERY TO SUPPLY POWER. IF THERE IS A POWER OR INTERNET OUTAGE IN YOUR HOME, THE SERVICE WILL NOT FUNCTION.
THE TING SENSOR WILL NOT MAKE ANY SOUND TO NOTIFY YOU IF THE TING SERVICE DETECTS A FAULT. IN SUCH EVENT, YOU WILL BE NOTIFIED BY ONE (1) OR MORE OF THE FOLLOWING METHODS: E-MAIL, TING SENSOR APP NOTIFICATION, TELEPHONE CALL, TEXT MESSAGE, OR LIGHT INDICATOR ON THE TING SENSOR.
This Whisker Labs Ting Sensor Service EULA and Terms of Service (collectively, “Agreement”) is a binding legal agreement between You (defined as any person or entity who uses the described equipment and service “You,” “Your” or “Yours”) and Whisker Labs, Inc. (“WL”). Please read this agreement carefully. When installing your Ting sensor, you will click on the “AGREE” button to confirm Your acceptance. This Agreement describes the terms under which You may: (a) download and use the version of the Ting Sensor branded software “app” as made available to You hereunder (the “Ting Sensor App”); (b) order and purchase for Your own use Ting branded plug-in electrical sensor devices (each, a “Ting Sensor”); (c) obtain a license to use the software as pre-installed by WL on the Ting Sensor (“Ting Firmware”); and (d) order and use the Ting monitoring, safety notification and mitigation service (the “Ting Service”) together with the Ting Sensor and Ting Firmware. The Ting Sensor App, the Ting Sensor, the Ting Firmware and the Ting Service may be referred to collectively in this Agreement as “Ting.”
Electronic acceptance of the agreement or use of Ting constitutes acceptance of this Agreement, regardless of whether you are the original purchaser, user, or other recipient. If you do not agree to be bound by all the terms of this Agreement, you may not use Ting. In that case, please refer to customer policies https://www.tingfire.com/help/customer-policies/ on how to return Ting to WL.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCEPTING IT. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT INSTALL THE TING SENSOR OR ACCESS OR ATTEMPT TO USE THE TING SERVICE.
YOU REPRESENT THAT YOU ARE AT LEAST THE AGE OF MAJORITY (e.g., EIGHTEEN (18) YEARS OF AGE), IN THE JURISDICTION IN WHICH YOU RESIDE, THAT YOU ARE A RESIDENT OF THE UNITED STATES, THAT YOU ARE LEGALLY CAPABLE OF ENTERING INTO ENFORCEABLE CONTRACTS, THAT YOU WILL USE TING SOLELY IN THE UNITED STATES, AND THAT YOU AGREE WITH AND WILL COMPLY WITH ALL THE TERMS OF THIS AGREEMENT.
1. DESCRIPTION OF TING SERVICE.
The Ting Service is designed to monitor the electrical network of a residential home or structure that is fed by standard electric utility-supplied U.S. split-phase power via a primary main breaker panel serving only one (1) Home and within the Home structure, with a single 120-volt service leg or two (2) separate (split) service legs of 120 volts each (hereinafter referred to as “Home”). Commercial and residential structures with 3-phase power do not fall under the definition of a Home and are not compatible with the Ting Service.
The Ting Service requires a Ting Sensor which must be installed at a Home, plugged into a standard wall power outlet and powered, connected to the Internet via a Home’s Wi-Fi network and broadband Internet service, and must have an active Account (as defined below) in order to function. Whether You purchased or received the Ting Sensor directly from WL, from a third- party reseller authorized by WL (a “Commercial Reseller”), or from an insurance company or other participant (a “Partner Reseller”) in WL’s authorized “Partner Program” (the “WL Partner Program”), or received a Ting Sensor as a gift or in any other way such as via a contest or promotion, this Agreement applies to You. For purposes of this Agreement, Commercial Resellers and Partner Resellers may be referred to collectively as “Resellers.”
The fee You must pay for access to and use of the Ting Service (the “Ting Service Fee”) may not apply if You received the Ting Service for free through a Partner Reseller. If You purchased Ting from a Partner Reseller or directly from WL online, the Ting Service Fee is a recurring fee due every year on the anniversary of Your Account creation.
You understand and agree that in order to function securely and properly, the Ting Firmware may need to be updated from time to time. Accordingly, You further understand and agree that WL shall update such Ting Firmware, and You hereby irrevocably consent to such access and the application of such updates.
2. WL PARTNER PROGRAM.
If You receive the Ting Service through the WL Partner Program, Your Ting Service Fees may be paid, in whole or in part, by a third party (e.g., Your insurance company). If You receive the Ting Service through the WL Partner Program:
- Please refer to the WL Partner Program's terms for details regarding fees, if any;
- The Account through which You may receive the Ting Service is not transferable;
- If You decide not to activate the Ting Service, You must return the Ting Sensor; if Ting Sensor return instructions are not specified in the WL Partner Program terms, You must refer to https://www.tingfire.com/help/customer-policies/ for instructions;
- Under no circumstance will You be charged any fees without adequate prior notice and opportunity to consent;
- The Participation Agreement between you and the WL Partner governs Your relationship with the WL Partner and is incorporated herein by reference. Specifically, no WL Partner makes any representations or warranties regarding the performance of Ting and You agree that the WL Partner is not responsible for the performance of Ting;
- Other than providing You with access to the Ting Service, the WL Partner Program members are in no way responsible for Ting. Upon accepting and activating the Ting Service, You acknowledge here that WL is solely responsible for Ting under the terms laid out herein.
3. ACCOUNT CREATION.
As part of Account Information, You must provide the street address and other pertinent information regarding Your Home. You may use Ting only at Your Home as identified in Your Account Information, and at no other location. Without limiting the generality of the foregoing, if You obtained a Ting Sensor from a Partner Reseller, Your Home must be the Home agreed to by such Partner Reseller. THE TING SENSOR, TING FIRMWARE AND TING SERVICE WILL NOT WORK PROPERLY AT ANY OTHER LOCATION OTHER THAN YOUR HOME, AND ANY ATTEMPT TO USE ANY OF THEM IN ANY OTHER LOCATION IS A BREACH OF THIS AGREEMENT FOR WHICH WL MAY TERMINATE THIS AGREEMENT, AND YOUR USE OF TING.
If You are moving Your household, and would like to transfer the Ting Service to a new Home, You may contact WL via the Ting Sensor App, via email, or via telephone at 1-877-793-2203, to arrange transfer of the Ting Service from Your current Home to Your new Home. If You received Ting through the WL Partner Program, You must first confirm with the corresponding Reseller if You are moving; transferring Service to a new Home may be restricted by the Reseller or otherwise require re-enrollment or recertification in the WL Partner Program.
The Ting Service includes monitoring of Your Home's electrical system, so WL's ability to communicate with You in the event of a Fault is very important. Therefore, You hereby consent to receive Ting Service-related emails at the email address You provide as part of Your Account Information for any purpose relating to this Agreement including, without limitation, emailed information relating to the Ting Service, Faults and any notifications from WL as provided for in, or permitted within, this Agreement (“Notification Purposes”). You also consent to receive such information on Your enabled wireless device (such as a smartphone or tablet) through the Ting Sensor App. You will be responsible for any message and data rates that may apply. YOU AGREE TO CHECK YOUR VOICE MESSAGES, TEXTS AND E-MAIL MESSAGES REGULARLY FOR ALL COMMUNICATIONS FROM WL RELATED TO THE TING SERVICE.
If You have created an Account and wish to cancel it, along with this Agreement and Your use of the Ting Service, please refer to the Section entitled “Cancellation of Ting Service” below.
4. TING SERVICE AND SUPPORT CONTACT DETAILS.
You may contact us by e-mail at [email protected] or call us at 1-877-793-2203.
5. TING SERVICE DESCRIPTION.
The Ting Service measures electromagnetic signals from the Home's electrical network to detect Faults, and measures the power quality delivered to the Home and monitors for Faults and identifies electromagnetic signals on the Home's electrical network generated by certain devices and appliances, such as the HVAC, to provide Fault prediction. Also, the Ting Service analyzes the signal data to determine Faults that could: (1) serve as ignition sources for electrical fires in the Home; (2) present electrical shock hazards; (3) damage Home wiring, appliances, electronics and devices; and (4) serve as ignition sources for wildfires.
WL will contact You as soon as is practicable after WL determines that the electrical signal may constitute a Fault. WL may ask for Your assistance to help isolate a signal within Your Home, to help with diagnosis, to help WL determine whether a licensed electrician should be consulted, and WL may ask that You contact Your electrical utility to notify the utility company of the Fault. You agree to provide such assistance as WL may reasonably request.
Upon being notified of a Ting-identified potential Fault, You agree to respond promptly and implement instructions provided by WL, which may include, but not be limited to: (i) ceasing use of any device or circuit(s); (ii) allowing WL to schedule an authorized contractor to visit Your Home to mitigate the Fault; or (iii) You contacting Your utility to inform them of the Fault. NOT ALL ELECTRICAL FIRE HAZARDS REQUIRE AN ELECTRICIAN TO CORRECT A HAZARD CONDITION. IN NO EVENT WILL WL SCHEDULE AN AUTHORIZED CONTRACTOR WITHOUT YOUR WRITTEN OR VERBAL CONSENT.
YOUR FAILURE TO IMPLEMENT WL'S INSTRUCTIONS COULD RESULT IN A FIRE, ELECTRIC SHOCK, INJURY, DEATH OR SEVERE DAMAGE TO, OR LOSS OF YOUR HOME AMONG OTHER POSSIBLE OUTCOMES. WL SHALL BEAR NO RESPONSIBILITY FOR ANY DAMAGES RESULTING FROM YOUR FAILURE TO IMPLEMENT WL'S INSTRUCTIONS. IF YOU DO NOT IMPLEMENT WL'S INSTRUCTIONS, WL MAY TERMINATE THIS AGREEMENT, INCLUDING WITHOUT LIMITATION YOUR RIGHT TO USE TING, UPON NOTICE.
6. TING SERVICE REQUIREMENTS.
The Ting Service is designed and intended to monitor for Faults for the Home that was registered as part of the Account creation process. The Ting Service depends on continuous power for the Ting Sensor, as well as continuous Wi-Fi and Internet connection. If power and/or connectivity is lost, the Ting Service will not function as intended. The Ting Service requires the following: (i) an active Account; (ii) a supported mobile device, such as a smartphone or tablet (iii) the Ting Sensor App and Ting Sensor; (iv) a working Wi-Fi network in Your Home that is configured to support secure and reliable internet access for the Ting Sensor; and (v) always-on broadband Internet service. It is Your responsibility to ensure that You have all required elements and that they are compatible and properly configured. You acknowledge that the Ting Service may not work as described when these requirements have not been met. The Ting Sensor App provides Fault notifications that are an important and essential feature of the Ting Service. Although You may be able to disable such notifications on Your smartphone/supported mobile device, WL recommends keeping these notifications enabled, and managing available preferences within the Ting Sensor App.
Address Verification Required. The Ting Service utilizes an address verification system to attempt to verify Your Home address registered with WL to reduce the risk of fraud and help ensure that Remediation Services (as defined below) if any, can be properly planned and coordinated. Your failure to provide accurate address information could result in failure of the Ting Service to perform as intended, and WL shall bear no responsibility for such failure.
Registered Home. You acknowledge and agree that the Ting Sensor and the Ting Service are intended for use only at the Home where the Ting Sensor is installed and registered by You with WL as part of Account Information. The Ting Service may not function as designed if the Ting Sensor is installed or used anywhere other than the registered Home. You agree to use Ting Service only at the registered Home. Furthermore, if You have received Ting through the WL Partner Program, You are responsible for installing the Ting Sensor at the Home approved under the terms of the WL Partner Program agreement between You and the Reseller.
The Ting Sensor and Your Home. The Ting Service is designed to detect the presence of Faults as defined herein on the electrical distribution system directly connected to the main breaker panel that supplies power to the Ting Sensor. Typical Homes have one (1) main breaker panel, so only one (1) Ting Sensor is required for full Home coverage.
IF YOUR HOME HAS MORE THAN ONE (1) MAIN BREAKER PANEL (E.G., A MAIN BREAKER PANEL HAS ITS OWN DIRECT ELECTRICITY FEED FROM YOUR ELECTRIC METER OR THE UTILITY), THEN YOUR HOME WILL REQUIRE MORE THAN ONE (1) TING SENSOR. ONE (1) TING SENSOR IS REQUIRED FOR EACH MAIN BREAKER PANEL. FOR THE PURPOSES OF DETERMINING THE NUMBER OF TING SENSORS REQUIRED FOR A HOME, ANY BREAKER PANEL WITH AT LEAST 200 AMPS SERVICE SHALL BE ALSO CONSIDERED A MAIN BREAKER PANEL. IF YOU HAVE MORE THAN ONE (1) MAIN BREAKER PANEL, A SINGLE TING SENSOR WILL ONLY MONITOR ONE (1) MAIN PANEL AND WILL NOT DETECT THE PRESENCE OF ELECTRICAL FIRE HAZARDS ON OTHER MAIN PANELS.
If Your Home has a sub-panel (less than 200-amp capacity) connected to a main breaker panel (e.g., a panel fed by a main breaker panel and not directly from Your electric meter or the utility), one (1) Ting Sensor will cover the electrical network of the main breaker panel and sub- panel if the sub-panel is installed in the same physical structure. If Your Home has a sub-panel installed in a detached or remote structure separate from where the main breaker panel is located, a second Ting Sensor will be required.
REFER TO TING SENSOR SCENARIOS (https://tingfire.com/help/ting-sensor-scenarios/) FOR ADDITIONAL DETAILS. IT IS YOUR RESPONSIBILITY TO DETERMINE IF MORE THAN ONE (1) TING SENSOR IS REQUIRED FOR YOUR HOME.
7. DATA COLLECTION AND PERMISSION FROM YOU.
9. GRANT OF LICENSE.
Subject to the terms and conditions of this Agreement, WL grant You a non-exclusive, non- transferable license to use Ting (including the Ting Firmware and any related documentation and materials) and any data or services provided. You acknowledge that Ting contains confidential information and know-how, and You shall not use such confidential information or know-how except to the extent necessary to exercise the rights granted to You hereunder. This license does not include any right to resell the Sensor or Service in whole or in part, or otherwise make Ting available for third parties.
You will not, and will not permit or authorize third parties to: (a) disassemble or reverse engineer any element of Ting provided to You hereunder; or (b) circumvent or disable any technological or anti-tampering features or measures in Ting; (c) distribute, lease, rent, grant a security interest in, assign, or otherwise transfer the Ting Service; (d) implement any functionality that interferes with the core functionality of the Ting Service (e) utilize the Ting Service to create an application that provides emergency response, notification services, life- safety or other critical use services; or (f) create an application with substantially similar functionality as the Ting Sensor or Ting Service.
You agree that WL may contact You to request suggestions, comments, or other feedback regarding the Ting Service (collectively, “Feedback”). You agree WL may freely use, disclose, reproduce, license, distribute and otherwise commercialize the Feedback in any product, technology, service, specification, or other documentation of WL as WL sees fit.
10. RESERVATION OF RIGHTS.
All intellectual property rights in and to Ting shall be owned solely by WL or its licensors, subject only to the licenses expressly granted herein. You acknowledge that Ting is or may be covered by patents and/or patent applications. Except as provided in this Agreement, no express or implied licenses or other rights are provided to You under any patents, patent applications, or other intellectual property rights of WL. Nothing in this Agreement shall be construed to restrict WL’s right to make, use or license Ting or to distribute Ting to other commercial and noncommercial entities. The provision of Ting to You in no way prevents or restricts WL’s right to publish any document relating to Ting. In addition, this Agreement does not create, and shall under no circumstances be construed or interpreted as creating, an obligation on the part of WL to grant any license under any patent, trade secret, or other intellectual property right to You.
11. DISCLAIMER OF WARRANTIES AND EXCLUSIVE REMEDY.
TING, INCLUDING WITHOUT LIMITATION THE TING SENSOR AND THE TING SERVICE, ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR ARISING FROM COURSE OF DEALING, USAGE OR TRADE, AND FURTHER INCLUDING ANY WARRANTY OF MERCHANTABILITY, RELIABILITY, ACCURACY, TITLE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS OR FITNESS FOR A PARTICULAR PURPOSE.
Some jurisdictions do not permit the limitation of certain warranties, so the foregoing may not apply to You.
It is understood that WL is not an insurer, that insurance, if any, shall be obtained by You and that the amounts payable to WL hereunder, if any, are based upon the value of the Ting Service and the scope of liability as herein set forth and are unrelated to the value of Your property or property of others located in or around Your Home. WL makes no guaranty or warranty, including any implied warranty of merchantability or fitness, that Ting or any other system or services supplied, will avert or prevent occurrences or the consequences therefrom, which the Ting or such system or services is designed to detect. It is impractical and extremely difficult to fix the actual damages, if any, which may proximately result from failure on the part of WL to perform any of its obligations hereunder. You understand that this Agreement provides certain limitations on WL’s liability which would limit your ability to recover damages from WL or obtain other legal relief. You are advised that without these limitations and Your agreement to them WL would not enter into this Agreement. Accordingly, You agree that WL shall be exempt from liability for loss, damage or injury due directly or indirectly to occurrences, or consequences therefrom, which Ting or such system or services is designed to detect or avert; that if WL should be found liable for loss, damage or injury due to a failure of Ting or any such system or services in any respect, its liability shall be limited to $ 1,000 as the agreed upon damages and not as a penalty, as the exclusive remedy; and that the provisions of this paragraph shall apply if loss, damage or injury, irrespective of cause or origin, results directly or indirectly to persons or property from performance or nonperformance of obligations imposed by this Agreement or from negligence, active or otherwise, of WL, its agents or employees. No suit or action shall be brought against WL more than two (2) years after the accrual of the cause of action therefor. It is further agreed that the limitations on liability, expressed herein, shall inure to the benefit of and apply to all parent, subsidiary and affiliated WL companies. If You desire WL to assume a greater liability, WL shall amend this Agreement by attaching a rider setting forth the amount of additional liability and additional amount payable by You for the assumption by WL of such greater liability; provided, however, that such rider and additional obligation shall in no way be interpreted to hold WL as an insurer. In the event any person, not a party to this Agreement, shall make any claim or file any lawsuit against WL for failure of its equipment or service in any respect, You agree to indemnify and hold WL harmless from any and all such claims and lawsuits including the payment of all damages, expenses, costs and attorneys' fees.
12. YOUR RESPONSIBILITIES.
You are solely responsible for the following in relation to Your use of the Ting Service:
- keeping Your Ting Sensor powered and connected to Your broadband internet connection, i.e., Your Ting Sensor remains online and connected, on a continual basis.
- Failure to keep Your Ting Sensor powered and online will prevent the Ting Service from working as intended. If Your Ting Sensor remains offline for more than 24 hours, WL may contact You via Ting Sensor App notification, email, text, or telephone call, and will assist You reasonably to bring Your Ting Sensor back online.
- If Your Ting Sensor will be offline for an extended period, You agree to contact WL support at [email protected] to notify WL of such.
- WL reserves the right to cancel this Agreement and Your access to the Ting Service if Your Ting Sensor remains offline for an extended period.
- any changes made to Your broadband internet connection that prevent the Ting Service from working;
- any costs, loss, or damage that You suffer as a result of using the Ting Service in a manner inconsistent with our instructions or this Agreement (including any user guides), which includes not being responsive to attempts to contact You regarding a Fault;
- any cost, loss, or damage that You suffer related to Your loss of broadband internet connection that prevents the Ting Service from working;
- any costs that You incur related to Your broadband Internet connection, utility bills, or that You incur by exceeding the permitted data limit on Your broadband Internet service; and
- any costs associated with Fault identification and/or mitigation services in excess of any Remediation Credit as described below;
13. SERVICE TERMS AND REMEDIATION SERVICES.
After WL has notified You of a Fault in Your Home, You hereby agree to assist WL in all reasonable ways upon request, including by assisting WL in determining the location of any corresponding electrical signal, and diagnosing the nature of such an electrical signal. You also hereby agree to follow all instructions from and cooperate with WL, which may include, without limitation, shutting off the electricity to Your Home, ceasing use of any device or electrical circuit, coordinating a review of Your Home by an Authorized Licensed Electrician (as defined below), and contacting Your electrical utility to inform them of the Fault and any related hazards. YOUR FAILURE TO FOLLOW WL'S INSTRUCTIONS AND COOPERATE MAY RESULT IN A FIRE, ELECTRIC SHOCK, INJURY, DEATH OR SEVERE DAMAGE TO, OR LOSS OF YOUR HOME AMONG OTHER POSSIBLE OUTCOMES FOR WHICH WL SHALL NOT BE RESPONSIBLE.
Failure to properly remediate Faults could result in a fire, electric shock, injury, death or severe damage to, or loss of Your Home among other possible outcomes. Not all Faults identified by the Ting Service require a licensed electrician to correct the Fault condition.
WL will only recommend on-site repair by a WL-authorized contractor (“Authorized Contractor”) when professional diagnosis, identification and/or repair (“Remediation Services”) of a Fault is required. Unless a Fault is known to be on the utility side of Your electrical service (in which case Your utility provider is responsible for repair) or identified as repairable without work by a licensed contractor (such as simply unplugging or ceasing use of a faulty device), WL will coordinate with You via Your preferred method of contact to refer Remediation Services to an Authorized Contractor as specified below. IN NO EVENT WILL AN AUTHORIZED CONTRACTOR BE SCHEDULED WITHOUT YOUR WRITTEN OR VERBAL CONSENT AND APPROVAL.
WL utilizes special remote diagnostic tools along with real-time data from Your Ting Sensor during Remediation Services. Moderating the diagnostic process using this information via telephone consultation with the on-site Authorized Contractor is an integral part of the Ting Service to assist in Fault identification and accurate post-repair confirmation.
WL-Authorized Independent Contractors. WL works with a large network of licensed contractors across the United States trained in finding, diagnosing, and fixing the types of Faults that Ting identifies. Unless You explicitly request otherwise during Remediation Services, WL shall direct an Authorized Contractor to execute necessary repairs only (“Qualified Repairs”), and not to perform, provide, or otherwise solicit products or services not required to remediate the corresponding Fault. WL is not compensated for referring Remediation Services, and with the exception of administering Your Remediation Credit (as defined below), Authorized Contractors are not compensated by WL.
Alternative to WL-Authorized Independent Contractor. Whisker Labs realizes You may prefer to use Your own licensed contractor who may not already be an Authorized Contractor. If WL recommends Remediation Services to repair a Fault, You have the right to use Your preferred licensed contractor. In order for Your service credit to apply, and for Your safety, You agree to WL contacting and consulting with Your preferred licensed contractor prior to any work being performed to secure verbal confirmation that:
- they have the necessary license to perform the work and the tools to fix the Fault,
- they agree to execute Qualified Repairs only, and to bill WL only for Qualified Repairs that have been approved by WL at their usual and customary rates,
- they understand and agree that WL's conveyance of information via telephone consultation while on-site is an integral and important part of the Ting Service provided to You to assist in expedient Fault identification and for accurate post-repair confirmation, and agree to such telephone consultation to the extent deemed necessary and reasonable by WL as part of the Ting Service,
- they agree to comply reasonably with requests for pictures or video to document the Fault and repair, and
- they agree to document clearly the Qualified Repairs in a single invoice with labor rate/cost identified
For the purpose of remediating the corresponding Fault, Your preferred licensed contractor will be considered an Authorized Contractor, and repair work will be considered a Qualified Repair, if WL reasonably determines that they understand and reasonably agree to the above.
Engagement Following Your Approval. All Authorized Contractor service calls and Remediation Services arising from the identification of a Fault shall be performed for You pursuant to a customary work agreement or contract between You and the Authorized Contractor. WL has no responsibility for any Fault diagnosis or repair; the Authorized Contractor alone is responsible for fulfilling the Remediation Services in the work agreement or contract. During Remediation Services and as part of the Ting Service, WL remotely moderates the diagnosis with the Authorized Contractor; however, WL does not specify or direct the means or methods by which the Authorized Contractor performs work or effects required repairs.
Upon completion of a WL-referred service call, the Authorized Contractor shall present an invoice to You identifying the work performed to remediate the Fault and reflecting the Remediation Credit up to the available Remediation Credit balance. If the cost of labor of a Qualified Repair exceeds the available Remediation Credit balance, the Authorized Contractor shall collect directly from You for any additional charges per its contract with You. The Authorized Contractor shall bill its usual and customary rates for Remediation Services.
Emergencies. In the event WL determines, in WL's sole discretion, that there is an emergency situation requiring expedited Remediation Services that cannot be addressed by disabling a branch circuit or turning off or unplugging a device, WL will use its commercially reasonable efforts to expedite service and will give consideration to covered Remediation Services that would affect the habitability of Your Home . WL will determine, at its sole discretion, which Remediation Services constitute an emergency. The Ting Service does not include contacting local emergency services, e.g., fire department.
Failure to Follow WL Instructions. The Ting Service is designed to help keep You and Your Home safe from Faults. Where WL contacts You and provides instructions or otherwise recommends Remediation Services for a Fault, WL does so only after expert consideration, including Your safety and security. If You are not responsive, or otherwise decide not to follow WL's instructions or remediate a Fault, You agree that Your decision may impact WL's ability to continue the Ting Service and reasonably monitor Your Home's electrical system, and as such, WL reserves the right to cancel this Agreement including Your use of the Ting Service.
Your Remediation Credit. WL will supply a lifetime total of $1,000 as a credit toward the remediation of Faults within the Home identified by Ting Service (the “Remediation Credit”), subject to limitations described herein. This Remediation Credit is per each Ting Sensor.
Your available Remediation Credit will be applied to labor on service calls by an Authorized Contractor and arising from notification of a Fault identified by WL, and for Qualified Repairs to Your Home electrical distribution system to remediate the Fault. Remediation Credit is applicable to labor and incidental materials necessary for Qualified Repairs only. For clarity, the Remediation Credit does not apply to major electrical parts, components, or equipment to effect any repair and cannot be applied towards: (1) repairs to or replacement costs associated with devices, appliances, or systems that are connected to the Home electrical distribution system but which might be the source of the Fault; (2) repairs for potential Faults by the Ting Service but which are not Faults (e.g., an ungrounded outlet or circuit); (3) repairs to Your Home electrical distribution system Faults evidenced to be from pre-existing conditions that would have been reasonably apparent prior to installing the Ting Sensor; and (4) repairs to Your Home electrical distribution system for Faults from gross negligence or from damage evidenced by intentional or deliberate acts.
For Your available Remediation Credit to apply, Remediation Services must be approved in advance by WL and must be performed by an Authorized Contractor. WL is not responsible for, nor will the Remediation Credit apply to, expenses You may incur without WL's express consent. WL will not reimburse You for any costs associated with unauthorized or unqualified repairs and/or work performed by unauthorized contractors or persons, nor for work required to address errors, mistakes, or omissions stemming from unauthorized repairs or work, and/or repairs or work performed by unauthorized contractors or persons.
Description of Covered Repair Services. Remediation Services are limited to labor to replace single-phase and two-phase wiring circuits and related electrical components required to deliver electricity throughout Your Home, including and extending from the main electrical distribution panel to each branch circuit and corresponding wiring, junctions, and end service points. This includes Remediation Service to replace, and/or repair connections between, components including wall, floor, ceiling, and countertop-mounted receptacles (“Electrical Outlets”); GFCI receptacles/breakers (“Ground Fault Circuit Interrupters”); AFCI receptacles/breakers (“Arc Fault Circuit Interrupters”); Wall-mounted switches; Wall-mounted dimmer switches; Building-mounted circuits, feeders, fuses or breakers up to 200 amps; main electric service panel or sub-panels off of the main electric service panel up to 200 amps; 120- to 240-volt Home electrical circuits/wiring (copper or aluminum); and electric vehicle supply equipment (EVSE) circuit and wiring.
Services/Conditions Not Covered. Anything not listed in this Section entitled “SERVICE TERMS AND REMEDIATION SERVICES” is not a Qualified Repair and in not subject to the Remediation Credit.
Limits. Notwithstanding anything herein to the contrary, Remediation Credit is excess to any valid warranty, insurance, or indemnity benefit available to You. By way of example, Remediation Credit shall not apply to remediation of recently performed electrical work - whether new construction or repair of a pre-existing condition - that is otherwise covered by a service or repair warranty.
Additional Terms for Ting Sensor. All purchases that include a Ting Sensor directly from WL or from a Reseller, or distribution to You of a Ting Sensor from WL on behalf of a Partner Reseller, are made pursuant to a shipment contract. The risk of loss and title to the Ting Sensor (but not including any intellectual property rights therein) shall pass to You upon our delivery of the Ting Sensor to the shipping carrier.
Ting Sensor Replacement. If, during the period where You have a paid Account in good standing, You notify WL, in writing (including by e-mail), of any failure of a Ting Sensor for which You are the original owner (or which has been given to You as a gift) to function in material accordance with its documentation, WL will, at its sole option and free of charge to You, repair or replace that Ting Sensor. Such replacement only applies to the original Ting Sensor owner and is non-transferrable. The replacement does not cover situations where a Ting Sensor fails to operate due to misuse, physical damage, or failure to properly install the Ting Sensor in accordance with instructions. WL will not repair or replace any Ting Sensor under the following instances: If the alleged failure arises because You (or someone acting under Your instruction) has altered or repaired the Ting Sensor without the prior written consent or authorization of WL; or if You did not follow any or all applicable instructions for proper installation, usage, or maintenance of the Ting Sensor.
This replacement right does not apply if You misplace or lose Your Ting Sensor, if You are given or purchased a pre-owned Sensor, purchase the Sensor from any unauthorized seller, or purchase the Sensor from third-party sellers on eBay or other online marketplaces. WL strongly suggests that You do not buy the Sensor from any unauthorized sellers. WL's obligation to provide the Service associated with any Sensor offered by an unauthorized reseller has already been voided, notwithstanding that such a Sensor may be defective, counterfeit, or may not be designed for use in Your location.
The above represents Your sole and exclusive remedy with respect to Ting Sensor replacement and is contingent on You providing all necessary information to assist WL in attempting to resolve the alleged failure.
14. LIMITATION OF LIABILITY.
WL SHALL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR INDIRECT DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, REVENUES, SALES, BUSINESS, GOODWILL OR USE. IN NO EVENT SHALL WL'S TOTAL LIABILITY UNDER THIS AGREEMENT OR WITH RESPECT TO ANY OF THE TING OFFERINGS EXCEED THE GREATER OF ONE THOUSAND DOLLARS ($1000.00) OR THE AMOUNT PAID BY YOU TO WL IN THE ONE (1) YEAR PERIOD IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO SUCH LIABILITY. Some jurisdictions do not allow the limitation of certain damages, so the foregoing may not apply to You.
The term of this Agreement shall commence on the date You agree to this Agreement and shall end when terminated by either party as hereinafter provided. Upon the termination of this Agreement, and at WL's discretion, WL shall deactivate the Ting Service.
Cancelation of Ting Service.
Cancelation By You. If You received Ting through a Partner Reseller, You have the right to cancel this Agreement, including Your use of the Ting Service at any time, subject to the WL Partner Program terms agreed to between You and the Partner Reseller, by emailing WL at [email protected]. If You purchased Ting online directly from WL, You can find more information about canceling Your Ting Service under Customer Policies (https://www.tingfire.com/help/customer-policies/).
Cancelation By WL Due to Your Default. If You breach this Agreement WL will have the right, in its sole discretion, to cancel this Agreement, including Your use of the Ting Service. If WL elects to do so, it will first notify You of such breach. In that case, You will have seventy-two (72) hours from the date the notice of intention to cancel is first sent to You to fully cure Your breach. If You fail to timely do so, WL may then, in its sole discretion, cancel this Agreement and Your use of the Ting Service. In the event of such a cancelation, no Ting Service will thereafter be provided.
In no event shall WL be liable for Your use of Ting. You shall indemnify, defend and hold harmless WL and successors and assigns from and against any claim, liability, cost, expense, damage, deficiency, loss, or obligation of any kind or nature based upon, arising out of or otherwise relating to Your use of Ting, except to the extent caused by WL’s gross negligence, infringement or claimed infringement, violation of law or of regulation or willful misconduct.
WL may revise Ting to reflect changes in relevant laws and regulatory requirements and/or to implement technological improvements. In addition, WL may make other revisions to the Ting Service and this Agreement by updating this page. If WL makes changes to this Agreement that WL considers material, WL will make reasonable efforts to notify You by placing a notice on the whiskerlabs.com website, by sending You an email, or by some other means. By continuing to use the Ting Service after such changes, You are expressing Your acknowledgment and acceptance of the changes. Please check this Agreement periodically for updates.
18. ENTIRE AGREEMENT; LAW AND JURISDICTION.
This Agreement constitutes the entire agreement and supersedes all prior or contemporaneous agreements, whether written or oral, between the parties hereto with respect to the subject matter hereof. Other than as set forth in the Section entitled “REVISIONS,” this Agreement may not be amended or modified, in whole or in part, except by an amendment in writing signed by the parties hereto. WL may assign this Agreement in whole or in part without notice. Otherwise, neither party may assign this Agreement, or any of its rights or obligations hereunder, without the prior written consent of the other party. This Agreement shall be construed and interpreted in accordance with the laws of the State of Maryland, without giving effect to conflict of laws provisions. For claims or requests for relief not subject to arbitration, if any, exclusive jurisdiction over and venue of any such claims or requests for relief arising out of or relating to this Agreement will be in the Circuit Court of Montgomery County, Maryland, or the Federal District Court for the District of Maryland.
19. AGREEMENT TO BINDING ARBITRATION AND CLASS ACTION WAIVER.
Exception - Litigation of Intellectual Property and Small Claims Court Claims: Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring an action in state or federal court that only asserts claims for patent infringement or invalidity, copyright infringement, moral rights violations, trademark infringement, and/or trade secret misappropriation, but not, for clarity, claims related to the license granted to you for Ting under the Agreement. Claims expressly excepted from arbitration are subject to the jurisdiction and applicable law provisions in the “ENTIRE AGREEMENT; LAW AND JURISDICTION” Section of the Agreement directly above. Either party may also seek relief in a small claims court for any individual disputes or claims within the scope of that court's jurisdiction. If an arbitration is filed, before the arbitrator is formally appointed either party can send written notice to the opposing party and the AAA that it wants the case decided by a small claims court, after which the AAA may close the case.
30 DAY RIGHT TO OPT OUT: You have the right to opt-out and not be bound by the arbitration agreement and class action waiver provisions above by sending written notice of your decision to opt-out to the following email address: [email protected], using the subject line “Arbitration Opt-Out.” The notice must be sent within 30 days of acceptance of the Agreement; otherwise you shall be bound to arbitrate disputes in accordance with the terms above. If you opt-out of these arbitration provisions, WL also will not be bound by them. Opting out will not affect in any way the other benefits to which You otherwise may be entitled to under the Agreement.
Notices and Permissions. If You have any questions or comments about WL or this Agreement, or if You wish to request any special permissions from WL, You may contact WL at the street and email addresses appearing at the bottom of this Agreement.
Survival. The provisions of this Agreement that by their nature are intended to survive shall survive any expiration or termination hereof, including without limitation any and warnings, disclaimers, limitations of liability, arbitration agreements and warranty disclaimers.
No Third-Party Beneficiaries. There are no third-party beneficiaries to this Agreement.
Subcontracting. WL may subcontract any performance associated with this Agreement, provided that such subcontract does not relieve WL of any of its obligations under this Agreement.
Compliance with Laws. Each party will comply with all laws and regulations applicable to their respective obligations under this Agreement. WL may restrict the availability of Ting as it deems necessary to comply with applicable laws and regulations.
Notices. All notices provided by WL under this Agreement, including those regarding modifications to this Agreement, may be given by any means described herein via Your Account Information. You agree that any applicable notices that WL sends You electronically will satisfy any legal communication requirements. Any notices to WL shall be in writing, sent via certified mail, return receipt requested, or via reputable overnight delivery service, such as FedEx, and directed to:
Whisker Labs, Inc.
12410 Milestone Center Drive Suite 325
Germantown, MD 20876
Force Majeure. Neither party shall be in default or be liable for any delay, failure in performance, or interruption of service resulting directly or indirectly from any cause beyond its reasonable control.
No Waiver. Failure by either party to enforce any right under this Agreement will not waive that right.
Headings. The headings used in this Agreement are for convenience and shall not affect the interpretation or construction of any provision.
Entire Agreement. This Agreement is the complete agreement between the parties with respect to the subject matter of this Agreement and supersedes all prior or contemporaneous communications, understandings or agreements (whether written or oral) with respect thereto. If any portion of this Agreement is not enforceable, it will not affect any other terms.
YOU AND WL AGREE THAT ANY CAUSE OF ACTION BY YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT MUST COMMENCE WITHIN TWO (2) YEARS AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED TO THE FULLEST EXTENT ALLOWED BY LAW.
Whisker Labs, Inc.
All Rights Reserved
If You have any questions or comments about WL or this Agreement, or if You wish to request any special permissions from WL, You may contact WL at:
Whisker Labs, Inc.
12410 Milestone Center Drive
Germantown, MD 20876