Whisker Labs Ting Sensor Service End User License Agreement (EULA) and Terms of Service
WARNING: THE TING SERVICE IS INTENDED TO DETECT FAULTS, MICRO-ARCS, AND OTHER ANOMALIES IN RESIDENTIAL ELECTRICAL CIRCUITS AND IN ELECTRICITY DELIVERED TO THE HOME FROM THE ELECTRICAL UTILITY GRID THAT MAY PRESENT ELECTRICAL FIRE HAZARDS, ELECTRICAL SHOCK HAZARDS, AND COULD POTENTIALLY DAMAGE APPLIANCES, ELECTRONICS, AND DEVICES IN A HOME.
ELECTRICITY IS A COMPLEX PHENOMENON, AND ELECTRICAL CIRCUITRY AND THE UTILITY ELECTRICAL GRID ARE COMPLEX, AND THE TING SERVICE CANNOT DETECT ALL POTENTIAL ELECTRICAL ANOMALIES OR FIRE HAZARDS. NO GUARANTEE IS MADE THAT THE SERVICE WILL WARN AGAINST ALL POTENTIAL ELECTRICAL FIRE HAZARDS, ELECTRICAL SHOCK HAZARDS, POOR POWER QUALITY, WHETHER INSIDE THE HOME OR ON THE UTILITY ELECTRICAL GRID. THE TING SERVICE WILL NOT, AND CANNOT, PREVENT ALL ELECTRICAL FIRES, UTILITY GRID FIRES, OR DAMAGE OR INJURY TO THE HOME, ITS OCCUPANTS, AND APPLIANCES, DEVICES, AND ELECTRONICS WITHIN THE HOME.
THE SERVICE WILL NOT SHUT OFF POWER TO YOUR ELECTRICAL SYSTEM, NOR WILL IT ALERT YOU IF THERE IS AN ACTIVE 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 IS NOT EQUIPPED WITH AN AUDITORY ALERT TO NOTIFY YOU IF THE TING SERVICE DETECTS A POTENTIAL FIRE HAZARD. IN SUCH EVENT, YOU WILL BE NOTIFIED BY A COMBINATION OF THE FOLLOWING METHODS: E-MAIL, APP NOTIFICATION, PHONE CALL, TEXT MESSAGE, LIGHT INDICATOR ON THE TING SENSOR.
Last Updated: June 1, 2022.
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Welcome to Ting
PLEASE READ CAREFULLY. THIS AGREEMENT CONTAINS THE TERMS AND CONDITIONS UNDER WHICH YOU ARE ACQUIRING A LICENSE AND A SENSOR (aka the “HARDWARE”). IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THIS LICENSE, PLEASE DO NOT INSTALL THE HARDWARE OR ACCESS OR USE THE SERVICE. IF YOU INSTALL THE HARDWARE OR ACCESS OR USE THE SERVICE, YOU WILL HAVE ACCEPTED AND AGREED TO THESE TERMS AND CONDITIONS.
Ting (“Ting” or the “Service”) is designed to monitor the electrical network of a residential home, condominium, apartment, or small business that is served by standard U.S. split-phase power via a primary main breaker panel, with a single 120-volt service leg or two separate (split) service legs of 120 volts each (hereinafter referred to as “Home”). Commercial structures with 3-phase power or apartments, and condominiums with 3-phase primary power are not compatible with the Service.
Ting includes a physical plug-in sensor (“Ting Sensor” or “Sensor”), a mobile application, and a set of analytics and notification services (collectively, the “Service”). The Service requires a Ting Sensor which must be installed, powered, and connected to the Internet, and must have an active Service subscription in order to function. All right and interest (including all intellectual property rights) in the Service, Sensor design and firmware, and any data or services provided (including all copies thereof) shall remain with Whisker Labs.
The Service fee as described below may not apply if You receive the Service from Your insurance company or similar Whisker Labs Partner. If You purchase Ting from an authorized reseller or direct from Whisker Labs online, the Service fee includes a one-time activation fee and a recurring subscription fee. A subscription fee may be due every year on the anniversary of Your service activation, or it may be a multi-year subscription, depending on the package You selected at the time of activation.
HOWEVER, if You receive the Service through a Whisker Labs Partner Program (“Partner Program”) as more fully described below, Your Service fees may be paid, in whole or in part, by a third party (e.g., Your insurance company). If You receive Ting as part of a Partner Program:
- Please refer to the Partner Program’s terms for details regarding fees, if any;
- The Service, which includes the Sensor, and the rights to the Service are provided specifically to You and the property associated with Your Partner Program enrollment and are not resaleable or transferrable;
- If You decide to not activate the Service you must return the hardware; if Sensor return instructions are not specified in the Partner Program terms, refer to tingfire.com/help/customer-policies/ for instructions;
- Under no circumstance will You be charged an activation fee or subscription fee without adequate prior notice and opportunity to consent.
If you have installed and activated Your Service but need to cancel Your Service, please refer to paragraph 6.a below.
Please read these terms and conditions carefully as they, along with our Privacy Policy (which can be found at http://www.whiskerlabs.com/privacy), will govern our relationship regarding Your subscription, 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.
By installing Ting and/or accessing the Services, You agree to be bound to these terms and conditions. If You do not agree to all of the terms and conditions, You may not use the Services.
SERVICE AND SUPPORT CONTACT DETAILS
“We,” “us” or “our” means Whisker Labs, Inc., a Delaware corporation with its corporate offices located at 12410 Milestone Center Drive, Suite 325, Germantown, MD 20876.
You may contact us by e-mail at [email protected].
SERVICES DESCRIPTION
The Service:
- Measures electromagnetic signals from the Home’s electrical network to detect the pre-cursors to potential electrical fire hazards, which are micro-arcs, sparks and other electrical hazard signals that develop over time in cords, wires, or faulty devices.
- Measures the power quality delivered to the Home and monitors for abnormalities to inform customers of fluctuations in power quality, such as changes in voltage or line frequency, which can cause damage to devices and appliances, or present an electrical fire hazard to the home.
- Identifies electromagnetic signals on the Home’s electrical network generated by certain devices and appliances, such as the HVAC, to provide performance diagnostics and/or fault prediction.
- Analyzes the signal data to determine potential problems with the electrical grid “upstream” from the Home, such as transformer malfunctions, loose connections, or other utility grid 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.
If a potential electrical fire hazard is detected, we will contact You via a combination of the following methods: app notification, text, e-mail, phone call, light indicator on the Ting Sensor. We will contact You as soon as is practicable after we determine that the electrical signal may pose a hazard. We may ask for Your assistance to help isolate the signal within Your Home, to help us with diagnosis, to help us determine whether a licensed electrician should be consulted, and we may ask that You contact Your electrical utility to notify the utility company of a potential dangerous grid condition or fault. 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.
Upon being notified of a Ting-identified potential hazard, You agree to respond and implement instructions provided by us, which may include, but not be limited to, (i) ceasing use of a faulty device or circuit(s), (ii) allowing us to schedule an authorized contractor to visit Your Home to mitigate the hazard, or (iii) You contacting Your utility to inform them of the hazard. NOT ALL ELECTRICAL FIRE HAZARDS REQUIRE AN ELECTRICIAN TO CORRECT A HAZARD CONDITION. IN NO EVENT WILL WE DISPATCH AN AUTHORIZED CONTRACTOR WITHOUT YOUR WRITTEN OR VERBAL CONSENT.
YOUR FAILURE TO IMPLEMENT OUR INSTRUCTIONS COULD RESULT IN A FIRE, ELECTRIC SHOCK, INJURY, DEATH OR SEVERE DAMAGE TO, OR LOSS OF YOUR HOME. WHISKER LABS SHALL BEAR NO RESPONSIBILITY FOR ANY DAMAGES RESULTING FROM YOUR FAILURE TO IMPLEMENT OUR INSTRUCTIONS. YOUR TING SERVICE MAY BE SUBJECT TO CANCELATION IF YOU FAIL TO IMPLEMENT OUR INSTRUCTIONS.
Service Requirements
The Service is designed and intended to monitor for hazards 24x7 for the Home registered at the time of installation and depends on continuous power for the Sensor, as well as continuous Wi-Fi and Internet connection. If power and/or connectivity is lost, the Service will not function as intended. The Service requires the following: (i) an account with an active service subscription; (ii) a supported mobile device, such as a smartphone or tablet (iii) the Ting Sensor app; (iv) a working Wi-Fi network in Your Home that is configured to support secure and reliable internet access for the Sensor; and (v) always-on broadband Internet service. It is Your responsibility to ensure that You have all required system elements and that they are compatible and properly configured. You acknowledge that the Service may not work as described when these requirements have not been met. The Ting Sensor app includes Service and event notifications that are an important feature of the Service; as with any app, these can be disabled at the operating system level on your smartphone/supported mobile device. Whisker Labs recommends keeping these notifications enabled, and managing available preferences within the Ting Sensor app.
Address Verification Required. The Service utilizes an address verification system in an effort to verify Your Home address registered with the Service to reduce the risk of fraud and help ensure that remediation services approved by You can be properly planned and coordinated. Your failure to provide accurate address information could result in failure of the Service to perform as intended, and Whisker Labs shall bear no responsibility for such failure.
Registered Home. You acknowledge and agree that the Ting Sensor and the Service are intended for use only at the location (aka “Home”) where the Ting Sensor is installed and registered by You with Whisker Labs at the time of installation. The Service may not function as designed if the Ting Sensor is installed or used at a Home other than the registered Home. You agree to use Ting only at the registered Home. Installing your Ting Sensor in a Home other than the registered location may result in the Cancelation of Service in accordance with the terms in 6.a.(ii) below. Furthermore, if You have received Ting through a Partner Program such as Your insurance company, You are responsible for installing the Ting Sensor at the Home approved under the terms of the Program participation agreement between You and Your insurance company.
You agree to contact us if You are moving and would like to transfer the Service to a new Home different from that of where You originally installed the Sensor and activated the Service. If You received Ting through a Partner Program, please check with the Partner if You are moving; transferring Service to a new Home may be restricted or otherwise require re-enrollment or recertification in the Partner Program.
The Ting Sensor and Your Home
The Ting service is designed to detect the presence of electrical fire hazards on the electrical distribution system directly connected to the main breaker panel that supplies power to the Ting Sensor. Most Homes have one main breaker panel, so only one Ting Sensor is required for full Home coverage.
IF YOUR HOME HAS MORE THAN ONE MAIN BREAKER PANEL (I.E., THE PANEL HAS ITS OWN DIRECT ELECTRICITY FEED FROM YOUR ELECTRIC METER OR THE UTILITY), THEN YOUR HOME WILL REQUIRE MORE THAN ONE TING SENSOR. ONE 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 MAIN BREAKER PANEL, A SINGLE TING SENSOR WILL NOT DETECT THE PRESENCE OF ELECTRICAL FIRE HAZARDS ON BOTH PANELS.
If Your Home has a sub-panel (less than 200 amp capacity) connected to a main breaker panel (i.e., a panel fed by a main breaker panel and not directly from Your electric meter or the utility), one 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 (tingfire.com/help/ting-sensor-scenarios) FOR ADDITIONAL DETAILS. IT IS YOUR RESPONSIBILITY TO DETERMINE IF MORE THAN ONE TING SENSOR IS REQUIRED FOR YOUR HOME.
CONSENT TO ELECTRONIC CONTACT
The Ting Service includes monitoring of Your Home’s electrical system, so our ability to communicate with You in the event of an identified hazard or safety issue is important. As such, you consent to receive Service-related emails at the email address You provide during account setup and activation of the Service for any purpose relating to the Agreement including, without limitation, information relating to the Service and any notifications from Whisker Labs as provided for, or permitted within, this Agreement (“Notification Purpose(s)”). You also consent to receive such information on Your enabled wireless device (such as a smartphone or tablet) through the Ting Sensor application, or through a personal computer. Further, You agree that Whisker Labs may contact You at the telephone number You provided for any Notification Purpose, and that contact may be made using any method, including telephone calls, or text or email messages sent to Your enabled wireless device. You will be responsible for any message and data rates that may apply. You agree to notify Whisker Labs immediately in the event of any change to any of the email addresses or telephone numbers You provided (you can update this information in the Ting App). You agree to regularly check Your voice messages, text and e-mail messages for important communications from Whisker Labs related to the Service.
DATA COLLECTION AND PERMISSION FROM YOU
The Sensor collects electromagnetic signal data from Your Home’s electrical system and sends that data to us (“Sensor Data”). The Service processes and evaluates signal data and uses it to create and send service notifications to You. You give us the right, without any compensation or obligation to You, to collect and use Sensor Data for the limited purposes of providing Services to You, protecting You, improving the Service, and developing new products or services, subject to our Privacy Policy (where applicable). We may perform analytics to derive, compile and/or otherwise create aggregated and anonymized data from Ting Sensor Data (collectively “Derived Data”). All right, title, and interest in and to Derived Data will be owned by us.
PRIVACY
Your privacy is important to us. By design, we limit the collection and use of personal information to that which is necessary to reliably deliver the Service to You. Please refer to our Privacy Policy, (www.whiskerlabs.com/privacy) where we provide details for You on the collection and use of personal information through the Service.
GRANT OF LICENSE
Subject to the terms and conditions of this Agreement, we grant You a non-exclusive, non-transferable license to use the Service (including any related documentation and materials) and any data or services provided. You acknowledge that the Service 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 the Service available for third parties.
1. Whisker Labs will provide the End-User (“You” or “Your”) with the Ting Sensor and other materials to enable the Service. Such materials, including all hardware together with any derivatives, replications, modifications, or improvements thereof, are referred to herein as the “Materials.” Whisker Labs may also provide You with certain confidential information, including but not limited to (a) software incorporated within the Materials, (b) software provided to You on a stand-alone basis for use with the equipment, and (c) documentation provided with the Materials. Unless otherwise agreed in writing by Whisker Labs, You will not, and will not permit or authorize third parties to (a) disassemble or reverse engineer any of the Materials or software provided to You hereunder or (b) circumvent or disable any technological or anti-tampering features or measures in the Materials (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 Service, (e) utilize the Service to create an application that provides emergency response, notification services, life-safety or other critical use services, and (f) create an application with substantially similar functionality as the Sensor or Service and offer it for use to or by any third parties.
You agree that Whisker Labs may contact You to request suggestions, comments, or other feedback regarding the Service (collectively, “Feedback”). You agree Whisker Labs may freely use, disclose, reproduce, license, distribute and otherwise commercialize the Feedback in any product, technology, service, specification, or other documentation of Whisker Labs or its affiliates.
2. RESERVATION OF RIGHTS.All rights, title, and interest in and to the Materials shall be owned solely and exclusively by Whisker Labs, except as provided in Paragraph 5.c. in this Agreement. You acknowledge that the Materials are 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 Whisker Labs. Nothing in this Agreement shall be construed to restrict Whisker Labs’ right to make, use or license the Materials to distribute the Materials to other commercial and noncommercial entities. The provision of the Materials to You in no way prevents or restricts Whisker Labs’ right to publish any document relating to the Materials. In addition, this Agreement does not create, and shall under no circumstances be construed or interpreted as creating, an obligation on the part of Whisker Labs to grant any license under any patent, trade secret, or other intellectual property right to You.
3. DISCLAIMER OF WARRANTIES.
THE TING SERVICE IS INTENDED TO DETECT FAULTS, MICRO-ARCS, AND OTHER ANOMALIES IN RESIDENTIAL ELECTRICAL CIRCUITS AND IN ELECTRICITY DELIVERED TO THE HOME FROM THE ELECTRICAL UTILITY GRID THAT MAY PRESENT ELECTRICAL FIRE HAZARDS, ELECTRICAL SHOCK HAZARDS, AND COULD POTENTIALLY DAMAGE APPLIANCES, ELECTRONICS, AND DEVICES IN A HOME. ELECTRICITY IS A COMPLEX PHENOMENON, AND ELECTRICAL CIRCUITRY AND THE UTILITY ELECTRICAL GRID ARE COMPLEX, AND THE TING SERVICE CANNOT DETECT ALL POTENTIAL ELECTRICAL ANOMALIES OR FIRE HAZARDS. NO GUARANTEE IS MADE THAT THE SERVICE WILL WARN AGAINST ALL POTENTIAL ELECTRICAL FIRE HAZARDS, ELECTRICAL SHOCK HAZARDS, POOR POWER QUALITY, WHETHER INSIDE THE HOME OR ON THE UTILITY ELECTRICAL GRID. THE TING SERVICE WILL NOT, AND CANNOT, PREVENT ALL ELECTRICAL FIRES, UTILITY GRID FIRES, OR DAMAGE OR INJURY TO THE HOME, ITS OCCUPANTS, AND APPLIANCES, DEVICES, AND ELECTRONICS WITHIN THE HOME. THE SERVICE WILL NOT SHUT OFF POWER TO YOUR ELECTRICAL SYSTEM, NOR WILL IT ALERT YOU IF THERE IS AN ACTIVE 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 IS NOT EQUIPPED WITH AN AUDITORY ALERT TO NOTIFY YOU IF THE TING SERVICE DETECTS A POTENTIAL FIRE HAZARD. IN SUCH EVENT, YOU WILL BE NOTIFIED BY A COMBINATION OF THE FOLLOWING METHODS: E-MAIL, APP NOTIFICATION, PHONE CALL, TEXT MESSAGE, LIGHT INDICATOR ON THE TING SENSOR.
THE SERVICE SHOULD BE USED WITH PRUDENCE AND APPROPRIATE CAUTION. THE SERVICE AND MATERIALS ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, RELIABILITY, ACCURACY, OR FITNESS FOR A PARTICULAR PURPOSE.
4. You are solely responsible for the following in relation to Your use of the Service:
a. 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.
(i) 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, Whisker Labs will contact You via app notification, email, text, and/or phone call, and will work with You if You require assistance to bring Your Ting Sensor back online, and will continue to do so until your Sensor is back online.
(ii) If Your Ting Sensor will be offline for an extended period of time due to circumstances beyond Your control, You agree to contact Whisker Labs support at [email protected] to notify of Your situation. During the Term of this Agreement, Whisker Labs reserves the right to cancel Your Service as defined under Cancelation of Service, 6.a(ii) if Your Ting Sensor remains offline for an extended period of time without receiving prior notification from You.
b. any subsequent changes made to Your broadband internet connection that prevent the Service from working;
c. any costs, loss, or damage that You suffer as a result of using the Service in a manner inconsistent with our instructions (including any user guides), which includes not being responsive to attempts to contact You regarding a fire hazard;
d. any cost, loss, or damage that You suffer related to Your loss of broadband internet connection that prevents the Service from working;
e. 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;
f. any costs associated with hazard identification and/or mitigation services in excess of any credit provided as described below;
5. SERVICE TERMS.
a. Remediation Services.
Failure to properly remediate fire hazards could result in a fire, electric shock, injury, death or severe damage to, or loss of Your Home. Not all electrical fire hazards identified by the Service require a licensed electrician (“contractor”) to correct the hazard condition.
Whisker Labs will only recommend on-site repair by a Whisker Labs-authorized contractor (“Authorized Contractor”) when professional diagnosis, identification and/or repair (“Remediation Services”) of an electrical fire hazard is required. Unless an electrical fire hazard 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), Whisker Labs 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.
Whisker Labs 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 phone consultation with the on-site Authorized Contractor is an integral part of the Service to ensure expedient hazard identification and for accurate post-repair confirmation.
Whisker Labs-Authorized Independent Contractors. Whisker Labs works with a large network of licensed contractors across the United States trained in finding, diagnosing, and fixing the types of hazards that Ting identifies. Unless You explicitly request otherwise during remediation, Whisker Labs-authorized independent contractors agree to execute necessary repairs only (‘qualified repairs’), and agree to not perform, provide, or otherwise solicit products or services not required to remediate the Ting-identified fire hazard. Whisker Labs is not compensated for referring Remediation Services, and with the exception of administering Your service credit, Whisker Labs-Authorized independent contractors are not compensated by Whisker Labs.
Alternative to Whisker Labs-Authorized Independent Contractor. Whisker Labs realizes You may prefer to use Your own licensed contractor who may not already be a Whisker Labs-authorized independent contractor. If Whisker Labs recommends Remediation Services to repair a Ting-identified fire hazard, 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 Whisker Labs contacting and consulting with Your preferred licensed contractor prior to any work being performed to secure verbal confirmation that:
(i) they have the necessary license to perform the work and the tools to fix the hazard,
(ii) they agree to execute necessary repairs only, to bill Whisker Labs for work that has been approved by Whisker Labs, and such work shall be billed at their usual and customary rates,
(iii) they understand Whisker Labs’ conveyance of information via phone consultation while on-site is an integral part of the Service provided to You to ensure expedient hazard identification and for accurate post-repair confirmation, and agree to such phone consultation to the extent deemed necessary and reasonable by Whisker Labs as part of the Service,
(iv) they agree to reasonably comply with requests for pictures or video to document the hazard and repair, and
(v) they agree to clearly document a single invoice with labor rate/cost identified
For the purpose of remediating the hazard identified by Ting, Your preferred licensed contractor will be considered an Authorized Contractor, and repair work will be considered a ‘qualified repair’, if Whisker Labs 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 an electrical fire hazard shall be performed for You pursuant to a customary work agreement or contract between You and the Authorized Contractor. Whisker Labs holds no responsibility for on-site electrical fire hazard diagnosis or repair; the Authorized Contractor alone is responsible for fulfilling the Remediation Services in the work agreement. During Remediation Services and as part of the Service, Whisker Labs remotely moderates diagnosis with the Authorized Contractor; however, Whisker Labs does not specify or direct the means or methods by which the Authorized Contractor performs work or effects required repairs.
Upon completion of a Whisker Labs-referred service call, the Authorized Contractor shall present an invoice to You identifying the work performed to remediate the hazard and reflecting the service credit up to the available credit balance. If repair/remediation exceeds the available 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 Whisker Labs determines, at our 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, Whisker Labs will make every reasonable effort to expedite service and will give consideration to covered Remediation Services that would affect the habitability of the dwelling. Whisker Labs will determine, at our sole discretion, which Remediation Services constitute an emergency.
Refusal to Follow Whisker Labs Instructions. The Service is designed to help keep You and Your Home safe from electrical fire hazards. Where Whisker Labs contacts You and provides instructions or otherwise recommends Remediation Services for an electrical fire hazard identified by the Service, Whisker Labs does so only after expert and professional consideration of all factors, including Your safety and security. If You are not responsive, or otherwise decide not to follow Whisker Labs’ instructions or remediate a hazard, You agree that Your decision may impact Whisker Labs’ ability to continue the Service and reasonably monitor Your Home’s electrical system, and as such, Whisker Labs reserves the right to cancel Your Service as defined herein.
b. Your Remediation Credit.
Whisker Labs will supply a total of $1,000 as a credit toward the remediation of electrical fire hazards within the Home identified by Ting during the End-User (“You” or “Your”) Term of Service subject to limitations outlined herein. This credit is per Sensor, and will carry over each service renewal period if unused or a balance remains for customers who renew annually without interruption and whose account is in good standing.
Your available service credit will be applied to labor on service calls approved by Whisker Labs and arising from notification of an electrical fire hazard identified by Whisker Labs, and for qualified repairs to Your Home electrical distribution system to remediate the hazard. Credit is applicable to labor (“repair services”) and incidental materials necessary for repairs by an Authorized Contractor to Your Home electrical distribution system to alleviate a detected electrical fire hazard (“qualified repairs”). For clarity, the credit does not apply to major electrical parts, components, or equipment to effect a qualified 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 electrical fire hazard; (2) repairs for potential electrical hazards detected by Ting but which are not electrical fire hazards (e.g., ungrounded outlet or circuit); and (3) repairs to Your Home electrical distribution system for electrical fire hazards evidenced to be from pre-existing conditions that would have been reasonably apparent prior to installing Ting; (4) repairs to Your Home electrical distribution system for electrical fire hazards from gross negligence or from damage evidenced by intentional or deliberate acts.
For Your available service credit to apply, Remediation Services must be approved in advance by Whisker Labs and must be performed by an Authorized Contractor. Whisker Labs is not responsible for, nor will the service credit apply to, expenses You may incur without Whisker Labs’ express consent. Whisker Labs 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: 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 and Your attached garage, including and extending from the main electrical distribution panel to each branch circuit and corresponding wiring, junctions, and end service points. This includes standard 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 the covered section above.
Limits. Notwithstanding anything herein to the contrary, credit coverage is excess to any valid warranty, insurance, or indemnity benefit available to You. By way of example, 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.
c. Additional Terms for Ting Sensor Hardware.
All purchases that include a Ting Sensor direct from Whisker Labs or from an Authorized Reseller, or distribution to You of a Ting Sensor from Whisker Labs on behalf of a Program Partner, are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to You upon our delivery of the Ting Sensor to the shipping carrier.
Hardware Warranty and Replacement. The Ting Sensor (“Hardware”) is designed to conform in all material respects to the documentation and be free from defects in material or workmanship for the life of the Hardware. If, during the Ting Service period, You notify Whisker Labs, in writing (or by e-mail), of any fault or defect which prevents Hardware from functioning in accordance with the documentation, Whisker Labs will, at its sole option and free of charge to You, repair or replace the Hardware. Such replacement only applies to the original Hardware owner and is non-transferrable. The replacement does not cover situations where Your Sensor fails to operate due to misuse, physical damage, or failure to properly install Ting in accordance with instructions. Whisker Labs will not repair or replace the Hardware in the following instances: If the alleged defect arises because You (or someone acting under Your instruction) has altered or repaired the Hardware without the prior written consent or authorization of Whisker Labs; If You did not follow any or all applicable instructions for proper installation, usage, or maintenance of the Hardware; or if You have failed to notify Whisker Labs of any defect where the defect should have been reasonably apparent on inspection of the Hardware. This Warranty is not transferrable or assignable by You and (subject to applicable law) applies only to the original consumer purchaser or Partner Program enrollee/recipient.
This Warranty does not apply if You misplace or lose Your 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. Whisker Labs strongly suggests that You do not buy the Sensor from any unauthorized sellers. Our 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 Hardware replacement and is contingent on You providing all necessary information to assist Whisker Labs in attempting to resolve the alleged fault. Whisker Labs MAKES NO EXPRESS REPRESENTATIONS OR WARRANTIES REGARDING THE HARDWARE AND MAKES NO IMPLIED REPRESENTATIONS OR WARRANTIES INCLUDING, WITHOUT LIMITATION, IMPLIED REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, USAGE IN TRADE, COURSE OF CONDUCT, NON-INFRINGEMENT OR INTEGRATION. Whisker Labs SHALL NOT BE RESPONSIBLE TO END USER 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.
6. TERM. The term of this Agreement shall commence on the date You access the Services and end upon the later of the completion of a contracted term or notice from Whisker Labs. Upon the expiration of this Agreement, at Whisker Labs’ discretion, Whisker Labs shall deactivate the Materials. Sections 1 through 3, 6, and 7 shall survive the expiration of this Agreement.
a. Cancelation of Service.
(i) Cancelation By You. If You received Ting through a Ting Partner Program, such as from an insurance company, You have the right to cancel the Service at any time, subject to the Partner Program terms agreed to between You and the Partner, by emailing Whisker Labs at [email protected]. If You acquired Ting from an Authorized Contractor reseller, please work with that reseller directly. If You purchased Ting online directly from Whisker Labs, You can find more information about canceling Your Service under Customer Policies (https://www.tingfire.com/help/customer-policies).
(ii) Cancelation By Whisker Labs Due to Your Default. If You fail to perform Your obligations under this Agreement as defined herein, Whisker Labs will have the right, in its sole discretion, to cancel the Service. If Whisker Labs elects to do so, it will first notify You pursuant to the CONSENT TO ELECTRONIC CONTACT herein, of the obligation failure and Whisker Labs’ intention to cancel the Service (the “Notice of Intention to Cancel”). 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 obligation failure (the “Cure Period”), time being of the essence. If You fail to timely do so, Whisker Labs may then, in its sole discretion, cancel the Service at any time after providing You notification pursuant to the CONSENT TO ELECTRONIC CONTACT herein (“Cancelation Notice”). In the event of a Cancelation, no Service will thereafter be provided.
7. In no event shall Whisker Labs be liable for Your use of the Materials. You shall indemnify, defend and hold harmless Whisker Labs 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 the Materials, except to the extent resulting from Whisker Labs’ negligence, infringement or claimed infringement, violation of law or of regulation or willful misconduct.
8. We may revise the Ting Sensor or Service to reflect changes in relevant laws and regulatory requirements and/or to implement technological improvements. In addition, we may make other revisions to the Service and these Terms by updating this page. If we make changes to these Terms that we consider material, we will make reasonable efforts to notify You by placing a notice on the whiskerlabs.com website, notifying You through the Services, by sending You an email, or by some other means. By continuing to use the Service after such changes, You are expressing Your acknowledgment and acceptance of the changes. Please check these Terms periodically for updates.
9. This Agreement constitutes the entire agreement and supersedes all prior or contemporaneous agreements, whether written or oral, among the parties hereto with respect to the subject matter hereof. This Agreement may not be amended or modified, in whole or in part, except by an agreement in writing signed by the parties hereto. 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 Delaware, without giving effect to conflict of laws provisions. Exclusive jurisdiction over and venue of any suit 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.