Ting Power Terms of Service

Last updated on September 1, 2025

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.

NOTICE: These Terms of Service apply only to the Ting Power feature. Ting Power provides power outage notifications and other power quality data through the free Ting mobile application. Ting Power is included with the Ting Fire Safety Service, but also available as a stand-alone feature of the Ting mobile application, available to everyone regardless of whether they have a Ting Sensor. Unless and until you have a Ting Sensor and have fully subscribed to the Ting Fire Safety Service, the hazard detection and prevention features of that service are not available to you.

These Whisker Labs Ting Power 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. This Agreement describes the terms under which You may: (a) download and use the version of the Ting branded mobile “app” as made available to You hereunder (the “Ting App”); and (b) utilize for Your own use the Ting Power data features.

Electronic acceptance of the agreement or use of Ting app constitutes acceptance of this Agreement.

These Agreement’s terms and conditions along with our Privacy Policy (which can be found at https://www.whiskerlabs.com/privacy/), will govern our relationship regarding Your Account, including the collection and use of data, and an agreement to resolve any disputes by mandatory binding arbitration without a jury, to waive bringing claims by class actions or other representative actions, and a time limit on bringing claims.

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 [OR CANADA?], AND THAT YOU AGREE WITH AND WILL COMPLY WITH ALL THE TERMS OF THIS AGREEMENT.

1. DESCRIPTION OF TING POWER SERVICE.

The Ting Power Service (“Service”) provides users with access to information regarding electrical power outages. The Service is offered at no cost and is accessible through the Ting mobile application. The Service delivers notifications of power outages and subsequent restoration of service within the user’s surrounding community. The Service is designed to provide users, their families, and communities with improved situational awareness during power outage events.

2. ACCOUNT CREATION.

In order to use Ting Power, You must first download the Ting app. You may also create an account to enable a more personalized and streamlined experience. If You create an Account, You must fully and accurately complete the sign-up process and provide to WL such fully accurate information as WL may reasonably require, including without limitation Your name, the street address of Your Home, Your contact information, Your mobile telephone number, and Your email address (collectively, “Account Information”), and You will be required to set a login password for Your Ting App (selected by You, subject to WL’s security and other requirements). You agree to keep all Account Information updated and correct via the Ting App. Your Account is associated with You and You are responsible for all activities that take place with respect to Your Account. You hereby agree to indemnify WL and defend WL from and against any losses or liabilities arising from any disclosure or misuse of Your Account Information other than by WL. WL’s Privacy Policy (which can be found at https://www.whiskerlabs.com/privacy/) as it may be amended from time to time (the “Privacy Policy”), applies to any information You provide to WL as part of Account Information or otherwise, or that WL collects through other means as described in the Privacy Policy.

As part of Account Information, You must provide the street address and other pertinent information regarding the address You are interested in.

3. TING SERVICE AND SUPPORT CONTACT DETAILS.

You may contact us by e-mail at help@whiskerlabs.com or call us at 1-877-793-2203.

4. PRIVACY.

Your privacy is important to WL. By design, WL limits the collection and use of personal information to that which is necessary for the purposes defined herein. Please refer to our Privacy Policy, (https://www.whiskerlabs.com/privacy/) where WL provides details for You on the collection and use of personal information through Ting.

5. GRANT OF LICENSE.

Subject to the terms and conditions of this Agreement, WL grants You a non-exclusive, non- transferable license to use Ting Power and any data or services provided.

You agree that WL may contact You to request suggestions, comments, or other feedback regarding the TFSS (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.

6. 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.

7. DISCLAIMER OF WARRANTIES AND EXCLUSIVE REMEDY.

TING POWER IS 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.

8. 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.

9. DISCLAIMER.

In no event shall WL be liable for Your use of Ting Power. 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.

10. REVISIONS.

WL may revise Ting to reflect changes in relevant laws and regulatory requirements and/or to implement technological improvements. In addition, 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 Ting Power after such changes, You are expressing Your acknowledgment and acceptance of the changes. Please check this Agreement periodically for updates.

11. 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.

12. AGREEMENT TO BINDING ARBITRATION AND CLASS ACTION WAIVER.

EXCEPT AS EXPRESSLY STATED TO THE CONTRARY HEREIN, YOU AND WE ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE DISPUTES IN A COURT (OTHER THAN SMALL CLAIMS COURT) OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION WITH RESPECT TO A DISPUTE. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION OR SMALL CLAIMS COURT. Except as expressly stated to the contrary herein, You and WL each agree that all disputes (whether based in contract, tort, statute or otherwise) between You and WL that in any way relate to or arise from any aspect of our relationship, this Agreement or Ting, including without limitation Your use or attempted use of Ting or Your Account, all provision or use of Your personal information and the terms of the Privacy Policy, marketing related to Ting, all software licenses granted to You for use of Ting, and the validity and enforceability of the Agreement, including its arbitration provisions, any applicable warranty, or the sale, condition, or performance of Ting, shall be resolved exclusively through final and binding arbitration, and not by a court or jury. Any such dispute shall not be combined or consolidated with a dispute involving any other person’s or entity’s product or claim. Specifically, without limitation of the foregoing, You shall not under any circumstances proceed as part of a class action. The arbitration shall be conducted before a single arbitrator, whose award may not exceed, in form or amount, the relief allowed by the applicable law. The arbitration shall be conducted according to the American Arbitration Association (“AAA”) Arbitration Rules applicable to consumer disputes. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. This Agreement is entered into pursuant to the Federal Arbitration Act. The laws of the State of Maryland, without reference to its choice of law principles, shall govern the interpretation of the Agreement and all disputes that are subject to the Agreement. The arbitrator shall determine the scope and enforceability of this arbitration agreement and all arbitrability issues, including without limitation whether a dispute is subject to arbitration. This arbitration agreement also applies to claims against WL’s employees, representatives, parents and other affiliates. If a lawsuit filed in court includes claims or requests for relief that are arbitrable and claims or requests for relief that are not, You and WL agree that any non- arbitrable claims or requests for relief shall be stayed pending the completion of the arbitration of the arbitrable claims or requests for relief. Each party will have the right to use legal counsel in connection with arbitration at its own expense. If the law allow for an award of attorney’s fees, expert witness fees, arbitration fees and/or costs incurred by you should you prevail in arbitration, an arbitrator may award them too. You will not be required to pay any fees or costs incurred by us if you do not prevail in arbitration, unless the arbitrator determines that the claim was brought in bad faith, in which case the arbitrator may award us our attorney’s fees, expert witness fees, arbitration fees and/or costs. Judgment may be entered on the arbitrator’s award in any court of competent jurisdiction. The parties understand that, absent these mandatory provisions, they would have the right to sue in court (other than small claims court) and have a jury trial. They further understand that the right to discovery may be more limited in arbitration or small claims court; and review of an arbitration award (or small claims court judgment) also may be limited.

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: ba-opt-out@whiskerlabs.com, 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.

13. GENERAL.

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
Attention: Notices
info@whiskerlabs.com

Please note: if You have a question about Ting or a support request, please contact the WL Customer Care team at: help@whiskerlabs.com

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.

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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
Suite 325
Germantown, MD 20876
1-877-793-2203
info@whiskerlabs.com

Please note: if you otherwise have a question about Ting or a support request, please contact the WL Customer Care team at: help@whiskerlabs.com 