WHISKER LABS, INC. d/b/a Ting Labs
Ting Fire Safety Service
END USER LICENSE AGREEMENT

Effective July 23, 2026

IMPORTANT — PLEASE READ CAREFULLY

This End User License Agreement (“Agreement”) is a legally binding contract between You and Whisker Labs, Inc. d/b/a Ting Labs (“Ting Labs”, “we” or “us”). By activating, installing, or using the Ting Fire Safety Service (“TFSS”), You agree to be bound by all terms of this Agreement. If You do not agree, do not activate or use the Service and contact us at help@tinglabs.com to arrange return of the device.

This Agreement contains important disclosures about how Your data is collected, used, and shared, including sharing with utilities and government agencies in specific circumstances. Please review Sections 9, 10 and 11 carefully.

IMPORTANT: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 20 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.

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 THE TFSS SOLELY IN THE UNITED STATES OR CANADA, AND THAT YOU AGREE WITH AND WILL COMPLY WITH ALL THE TERMS OF THIS AGREEMENT.

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 TFSS.

1. Important Safety and Service Limitations

THE TFSS IS AN ELECTRICAL SAFETY, INFRASTRUCTURE ANALYSIS, HAZARD LOCALIZATION, AND NOTIFICATION SERVICE. THE TFSS IS NOT A FIRE DETECTION, FIRE SUPPRESSION, EMERGENCY RESPONSE, OR EMERGENCY DISPATCH SERVICE.

ELECTRICITY IS A COMPLEX PHENOMENON, AND ELECTRICAL CIRCUITRY AND THE UTILITY ELECTRICAL GRID ARE COMPLEX. THE TFSS MAY HELP IDENTIFY CONDITIONS ASSOCIATED WITH ELECTRICAL FIRE RISK, ELECTRICAL SHOCK RISK, POWER QUALITY ISSUES, GRID INSTABILITY, OR UTILITY-INFRASTRUCTURE FAULTS, BUT THE TFSS CANNOT DETECT ALL HAZARDS, CANNOT PREVENT ALL FIRES OR FAILURES, AND DOES NOT GUARANTEE SAFETY. THE TFSS 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 TFSS DOES NOT AUTOMATICALLY SHUT OFF POWER TO THE HOME, DOES NOT AUTOMATICALLY CONTACT FIRE DEPARTMENTS OR EMERGENCY RESPONDERS, AND DOES NOT GUARANTEE DETECTION OF ALL ELECTRICAL FAULTS OR HAZARDOUS CONDITIONS.

THE TFSS REQUIRES ELECTRICAL POWER, INTERNET CONNECTIVITY, WI-FI ACCESS, FUNCTIONING NETWORK COMMUNICATIONS, AND OPERATIONAL CLOUD SERVICES. IF ELECTRICAL POWER, INTERNET ACCESS, WI-FI, NETWORK COMMUNICATIONS, OR CLOUD CONNECTIVITY IS INTERRUPTED, THE TFSS MAY NOT FUNCTION PROPERLY OR MAY NOT PROVIDE ALERTS, ANALYSIS, OR NOTIFICATIONS.

THE TING SENSOR WILL NOT MAKE ANY SOUND TO NOTIFY YOU IF THE TFSS DETECTS A FAULT. IN SUCH EVENT, YOU WILL BE NOTIFIED BY ONE OR MORE OF THE FOLLOWING METHODS: E-MAIL, TING APP NOTIFICATION, TELEPHONE CALL, TEXT MESSAGE, OR LIGHT INDICATOR ON THE TING SENSOR. TFSS REQUIRES YOUR RESPONSE AND COOPERATION IN ORDER TO OPERATE AS INTENDED AND MITIGATE POTENTIAL FIRE HAZARDS IDENTIFIED BY TING.

2. Definitions

“Fault” means any electrical condition, anomaly, signal characteristic, power-quality deviation, or grid-originating condition detected through the TFSS.

“Home” means the single residential dwelling at the Installation Address where the Ting Sensor is installed and activated.

“Installation Address” means the physical address associated with the Ting Sensor installation, as provided, confirmed, or verified during account setup or installation.

“Sensor Data” means electrical measurements, electromagnetic signal measurements, power-quality measurements, derived analytical outputs, operational telemetry, and related infrastructure-analysis information generated or derived in connection with the TFSS.

“TFSS” means the Ting Fire Safety Service.

“Ting Sensor” means the Ting Labs device used to collect Sensor Data and enable the TFSS.

3. Description of the Ting Fire Safety Service

The TFSS is an electrical monitoring service, supporting infrastructure analysis, hazard-localization, wildfire-prevention, resilience-analysis, and operational-notifications.

The TFSS is designed to:

  • measure electromagnetic and electrical conditions associated with the Home’s electrical system and utility distribution infrastructure;
  • identify developing electrical Faults, sparks, micro-arcs, and abnormal electrical conditions;
  • measure voltage, frequency, harmonic distortion, and power-quality characteristics;
  • identify utility-originating conditions affecting transformers, feeders, substations, service conductors, and related infrastructure;
  • support wildfire prevention, resilience analysis, outage mitigation, and infrastructure protection;
  • support operational intelligence, resilience monitoring, and grid-protection functions for utilities, regulators, and infrastructure-protection entities.

Certain Faults and grid conditions can only be assessed, localized, mitigated, remediated, or responded to by entities outside the Home, including utilities, grid operators, infrastructure-protection organizations, emergency-management entities, government agencies, and authorized partners.

Notification to such entities where applicable, including notification of geographically associated Sensor Data, is an integral and operationally necessary component of delivering the TFSS.

Additional Features: If Your Ting Sensor goes off-line, due to a power outage or internet interruption, You will receive a notification regarding this status change in the Ting App. If additional Ting Sensors go off-line simultaneously, You will receive notification of a Community Power Outage or Internet Outage, as the case may be. In addition, the Ting Sensor is equipped with a temperature sensor. If power and Internet are available, The Ting App may be able to provide You with a notification that the temperature in Your Home in the vicinity of your Ting Sensor is becoming a concern. These additional features can be very important to keep You alerted to the conditions in Your Home while You are away.

These notifications are offered as a convenience and to provide added value to You without warranty of any kind. They may not be available in all circumstances, and are not guaranteed to be accurate, timely, or complete. Such notifications are not a substitute for other protective measures (including smoke detectors, freeze monitoring systems, insurance coverage, or generator controls). You may manage or disable these notifications within the Ting app.

4. Whisker Labs Partner Program.

If You receive the TFSS through the Ting Labs Partner Program, Your TFSS Fees may be paid, in whole or in part, by a third party (e.g., Your insurance company or home security company – hereinafter the “Partner”). If You receive the TFSS through the Ting Labs Partner Program:

  • Please refer to the Ting Labs Partner Program’s terms for details regarding fees, if any, and other terms and conditions;
  • The Account through which You may receive the TFSS is not transferable;
  • If You decide not to activate the TFSS, You must return the Ting Sensor; if Ting Sensor return instructions are not specified in the Ting Labs 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;
  • Participation Terms between You and the Ting Labs Partner govern Your relationship with the Ting Labs Partner and is incorporated herein by reference.
  • No Ting Labs Partner makes any representations or warranties regarding the performance of Ting and You agree that the Ting Labs Partner is not responsible for the performance of Ting;
  • Other than providing You with access to the TFSS, the Ting Labs Partner Program members are in no way responsible for Ting. Upon accepting and activating the TFSS, You acknowledge here that Ting Labs is solely responsible for Ting under the terms laid out herein.

If Your Ting Sensor was provided through the Ting Labs Partner Program, that Partner will verify eligibility and pass Your name and address to us so that we may fulfill the shipment of the Ting Sensor to You. Partner will provide email address and phone number also to enable activation reminders and related communications. Ting Labs may share the following data with that Partner in connection with administering the program under which the device was provided:

  • Confirmation that the Ting Sensor has been installed and is operational at the Home;
  • Alerts regarding Faults detected at the Home.
  • Your Installation Address, to the extent necessary to administer the program and associate the device with Your agreement with the Partner.
  • Your enrollment status in the applicable Partner program;
  • Remediation outcomes relevant to the administration of the Partner program, to the extent permitted by applicable law; and
  • Aggregated program performance reporting, in de-identified or aggregated form only.

If You have questions about what data Your Partner receives, please contact them directly or contact us at help@tinglabs.com.

5. Account Creation

In order to use the TFSS, You must first download the Ting App and, using the Ting App, You must create and maintain an account (“Account”) with Ting Labs. When You create an Account, You must fully and accurately complete the sign-up process and provide to Ting Labs such fully accurate information as Ting Labs 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 Ting Labs’ 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.

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, Your Home must be the Home agreed to by such Partner. THE TING SENSOR, TING FIRMWARE AND TFSS ARE NOT AUTHORIZED FOR 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 WHISKER LABS MAY TERMINATE THIS AGREEMENT, AND YOUR USE OF TING.

If You are moving Your household and would like to transfer the TFSS to a new Home, You may contact Ting Labs via the Ting app, via email, or via telephone at 1-877-793-2203, to arrange transfer of the TFSS from Your current Home to Your new Home. If You received Ting through the Ting Labs Partner Program, You must first confirm with the corresponding Partner if You are moving; transferring Service to a new Home may be restricted by the Partner or otherwise require re-enrollment or recertification in the Ting Labs Partner Program.

6. Installation Location Verification

During installation and activation of the Ting Sensor, the Ting mobile application may temporarily access the mobile device’s location services solely to determine or verify the fixed installation location of the Ting Sensor.

Where the Ting Sensor is provided through an insurance-partner program, Ting Labs may compare the GPS-derived installation location against an insurer-provided address associated with the subscriber to verify installation eligibility and proper infrastructure association.

Where the Ting Sensor is purchased directly through Ting Labs, Amazon, or another retail channel, the GPS-derived installation location may be displayed to the subscriber for confirmation or correction.

The installation-location verification process is intended solely to associate the Ting Sensor with the correct electrical infrastructure, utility service area, and Installation Address for purposes of electrical safety analysis, utility remediation, hazard localization, wildfire prevention support, resilience analysis, and grid-protection functions.

After installation and activation are completed, the TFSS does not continuously collect, monitor, or track the subscriber’s mobile device location or movement history.

The TFSS does not use mobile-device location services for behavioral profiling, advertising, geofencing, or continuous consumer movement tracking.

The TFSS is not intended to monitor occupants, activities, communications, or behavior within the Home.

7. User Cooperation and Operational Responsibilities

Subscribers acknowledge that effective operation of the TFSS may require subscriber cooperation, including:

  • maintaining electrical power, internet access, Wi-Fi connectivity, and operational network services;
  • maintaining the Ting Sensor in an operational state;
  • reviewing alerts and notifications;
  • responding appropriately to operational recommendations, remediation guidance, or utility notifications;
  • cooperating with authorized contractors, utilities, remediation personnel, or emergency-management entities where applicable.

The TFSS includes monitoring of Your Home’s electrical system, so Ting Labs’ ability to communicate with You in the event of a Fault is very important. Therefore, You hereby consent to receive TFSS-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 TFSS, Faults and any notifications from Ting Labs 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) or through the Ting 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 WHISKER LABS RELATED TO THE TFSS.

Failure to follow operational recommendations or remediation instructions may increase the risk of electrical hazards, electrical fires, outages, equipment damage, or infrastructure-related harm and may result in cancellation of the TFSS.

Ting Labs shall not be responsible for damages resulting from the subscriber’s failure to maintain connectivity, maintain the Ting Sensor, respond to alerts, or implement recommended remediation measures.

Telephone and AI-Assisted Communication Consent. Because the TFSS is an operational safety service that depends on Ting Labs’ ability to reach You when a Fault or hazard is detected, including in circumstances where internet connectivity, Wi-Fi, or app notifications may be unavailable or unacknowledged, You expressly consent to receive telephone calls and text messages from Ting Labs at the telephone number(s) You provide as part of Your Account Information for the following purposes: (i) notification of detected Faults or electrical hazards; (ii) hazard identification and confirmation communications; (iii) operational follow-up and offline reminders when app, Wi-Fi, internet connectivity, or prior notifications are unavailable or unacknowledged; (iv) remediation coordination and contractor scheduling; and (v) TFSS operational and service communications relating to this Agreement.

You understand and agree that such calls or messages may be made using an automatic telephone dialing system (ATDS), prerecorded voice messages, or artificial intelligence-generated or AI-assisted voice technology. You acknowledge that this consent covers calls and texts to both landline and mobile telephone numbers You provide, and that standard message and data rates may apply to text messages.

THIS CONSENT IS A CONDITION OF YOUR USE OF THE TFSS. TING LABS’ ABILITY TO CONTACT YOU BY TELEPHONE IS AN INTEGRAL AND OPERATIONALLY NECESSARY COMPONENT OF DELIVERING THE TFSS. THIS CONSENT DOES NOT EXTEND TO MARKETING, ADVERTISING, OR PROMOTIONAL COMMUNICATIONS, WHICH ARE SUBJECT TO SEPARATE CONSENT.

8. Technical Limitations and Scope of Coverage

The TFSS is designed primarily for compatible residential electrical systems and may not function properly in unsupported or incompatible electrical environments.

Certain homes, electrical systems, or structures may require multiple Ting Sensors for broader coverage. Detached structures, subpanels, outbuildings, separate meters, or separately fed structures may not be monitored unless separately equipped with compatible Ting Sensors.

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.

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.

The TFSS may not detect all conditions occurring behind surge protectors, UPS systems, generators, transfer switches, solar systems, batteries, EV chargers, or unsupported electrical devices or configurations.

Coverage limitations may vary depending on electrical topology, wiring conditions, internet availability, sensor placement, utility infrastructure, environmental conditions, or other technical factors.

ELECTRICITY IS A COMPLEX PHENOMENON, AND ELECTRICAL CIRCUITRY AND THE UTILITY ELECTRICAL GRID ARE COMPLEX, AND THE TFSS CANNOT DETECT ALL FAULTS OR POTENTIAL FIRE HAZARDS.

9. Data Collection and Privacy

Your privacy is important to Ting Labs. By design, Ting Labs 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.tingfire.com/privacy-policy/) where we provide details for You on the collection and use of personal information through Ting.

Ting Labs may collect:

  • account information;
  • Installation Address information;
  • fixed installation-location information associated with the Ting Sensor;
  • Sensor Data;
  • app diagnostics and operational telemetry;
  • payment and subscription information.

App diagnostics and operational telemetry collected through the Ting App may, after You accept this Agreement, be associated with Your account identifier and Your Ting Sensor’s device serial number so that Whisker Labs can trace and resolve application errors and maintain Service reliability. Before You accept this Agreement, such diagnostics are collected on an anonymized basis and are not associated with You, Your Home, or Your Ting Sensor.

The TFSS measures electrical and electromagnetic characteristics associated with the Home’s electrical system and the electric utility distribution network.

The TFSS does not monitor or record audio communications, video content, internet browsing activity, message content, keystrokes, or continuous mobile-device movement history.

Geographically associated Sensor Data is used for electrical safety, infrastructure analysis, hazard localization, wildfire prevention support, resilience analysis, outage mitigation, infrastructure protection, utility remediation, and related operational purposes.

Ting Labs may use standard website analytics, cookies, advertising technologies, and related digital marketing tools in connection with its websites, ecommerce services, and direct-to-consumer marketing activities, as further described in the Privacy Policy. Operational Sensor Data, geographically associated infrastructure telemetry, utility-remediation data, and related operational-intelligence data generated through the TFSS are not shared for cross-context behavioral advertising, advertising profiling, or marketing-targeting purposes. For privacy-related matters, please see Section 21 (Contact Us).

10. Data Sharing and Operational Intelligence Services

Ting Labs may disclose Sensor Data, including geographically associated Sensor Data, to utilities, grid operators, government agencies, infrastructure-protection organizations, emergency-management entities, regulators, independent system operators, regional transmission organizations, and authorized partners where reasonably necessary for:

  • electrical safety;
  • utility remediation;
  • wildfire prevention support;
  • outage mitigation;
  • infrastructure protection;
  • resilience analysis;
  • operational intelligence;
  • support for infrastructure-related emergency-management activities;
  • authorized infrastructure, safety or resilience-related research;
  • grid reliability and security functions.

Authorized entities may subscribe on an ongoing basis to operational intelligence, resilience-monitoring, outage-analysis, wildfire-prevention, or infrastructure-protection services derived from the TFSS network.

These ongoing operational access programs serve the same electrical safety, grid reliability, wildfire prevention, infrastructure protection, and emergency-management purposes as direct operational notifications associated with identified Faults or grid conditions.

Operational access may be delivered through dashboards, APIs, alerts, analytical tools, managed operational-intelligence services, or related controlled-access mechanisms.

Ting Labs structures ongoing operational access arrangements to comply with applicable law, including appropriate contractual restrictions on authorized recipients’ use of Sensor Data. Ting Labs retains governance and control over the TFSS platform and may impose contractual, operational, technical, retention, security, audit, use, disclosure, and downstream commercialization or unauthorized use restrictions.

11. Privacy Rights and Sensitive Data

Ting Labs processes geographically associated Sensor Data only to the extent reasonably necessary to provide, maintain, secure, improve, and operate the TFSS and its electrical safety, resilience, infrastructure-protection, utility-remediation, and notification functions. Ting Labs conducts data protection assessments and similar compliance reviews for material data processing activities as required by applicable law.

To the extent applicable under CCPA/CPRA, California residents may have the right to direct Ting Labs to limit certain uses or disclosures of Sensitive Personal Information beyond what is reasonably necessary to provide and maintain the TFSS. For privacy-related matters, please see Section 21 (Contact Us).

Because geographically associated Sensor Data may be operationally necessary to provide the TFSS and fulfill its safety and resilience functions, limitation requests may not apply to uses or disclosures reasonably necessary to deliver the Service.

Ting Labs does not share operational Sensor Data, geographically associated infrastructure telemetry, or related operational-intelligence data generated through the TFSS for cross-context behavioral advertising, generalized or behavioral consumer profiling, or unrestricted third-party commercialization.

The disclosures described in this Agreement are structured as operational service-delivery disclosures associated with electrical safety, utility remediation, infrastructure protection, wildfire prevention support, resilience analysis, and related operational-intelligence functions.

12. Remediation Services and Repair Credits

After Ting Labs has notified You of a Fault in Your Home, in the interest of Your safety, You hereby agree to assist Ting Labs in all reasonable ways upon request, including by assisting Ting Labs 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 Ting Labs, which may include, without limitation, shutting off a circuit or ceasing use of any device, coordinating an appointment with an Authorized Contractor (as defined below), and contacting Your electrical utility to inform them of the Fault and any related hazards. You also understand and agree that in rare cases, and in coordination with You, the electricity to Your Home may be temporarily interrupted if required for the safe repair of a Fault. YOUR FAILURE TO FOLLOW WHISKER LABS’ 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 WHISKER LABS 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 TFSS require a licensed electrician to correct the Fault condition.

Ting Labs will only recommend on-site repair by a Ting Labs-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), Ting Labs will coordinate with You via Your preferred method of contact to refer Remediation Services to an Authorized Contractor as specified below.

Ting 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 telephone consultation with the on-site Authorized Contractor is an integral part of the TFSS to assist in Fault identification and accurate post-repair confirmation.

Ting Labs-Authorized Independent Contractors. Ting Labs 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, Ting Labs 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. Ting Labs 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 Ting Labs. Authorized Contractors are independent contractors, and Ting Labs has no control over their means and methods and no responsibility for their workmanship.

Alternative to Ting Labs-Authorized Independent Contractor. Ting Labs realizes You may prefer to use Your own licensed and insured contractor who may not already be an Authorized Contractor. If Ting Labs recommends Remediation Services to repair a Fault, You have the right to use Your preferred licensed and insured contractor. In order for Your service credit to apply, and for Your safety, You agree to Ting Labs contacting and consulting with Your preferred licensed and insured contractor prior to any work being performed to secure verbal confirmation that:

  1. they have the necessary license to perform the work and the tools to fix the Fault,
  2. they agree to execute Qualified Repairs only, and to bill Ting Labs only for Qualified Repairs that have been approved by Ting Labs at their usual and customary rates,
  3. they understand and agree that Ting Labs’ conveyance of information via telephone consultation while on-site is an integral and important part of the TFSS 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 Ting Labs as part of the TFSS,
  4. they agree to comply reasonably with requests for pictures or video to document the Fault and repair, and
  5. 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 and insured contractor will be considered an Authorized Contractor, and repair work will be considered a Qualified Repair, if Ting Labs reasonably determines that they understand and 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. Ting Labs 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 TFSS, Ting Labs remotely moderates the diagnosis with the Authorized Contractor; however, Ting 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 Ting Labs-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. Ting Labs reserves the right to reject any invoice not presented to Ting Labs within 60 days of the date of repair.

Emergencies. In the event Ting Labs determines, in Ting Labs’ 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, Ting Labs 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. Ting Labs will determine, at its sole discretion, which Remediation Services constitute an emergency. The TFSS does not include contacting local emergency services, e.g., fire department.

Failure to Follow Ting Labs Instructions. The TFSS is designed to help keep You and Your Home safe from Faults. Where Ting Labs contacts You and provides instructions or otherwise recommends Remediation Services for a Fault, Ting Labs does so only after expert consideration, including Your safety and security. If You are not responsive or otherwise decide not to follow Ting Labs’ instructions or remediate a Fault, You agree that Your decision may impact Ting Labs’ ability to continue the TFSS and reasonably monitor Your Home’s electrical system, and as such, Ting Labs reserves the right to cancel this Agreement including Your use of the TFSS.

Your Remediation Credit. Ting Labs will supply a lifetime total of USD$1,000 (CAD$1,000 for Canadian customers) as a credit toward the proactive remediation of Faults within the Home previously identified by TFSS (the “Remediation Credit”), subject to limitations described herein. This Remediation Credit is per each Ting Sensor installed in the Home, provided however that in the case of a full panel replacement, the Remediation Credit maximum is USD$1,000 (CAD$1,000 for Canadian customers) regardless of how many Ting Sensors are installed in the Home.

Your available Remediation Credit will be applied to labor only on service calls by an Authorized Contractor and arising from notification of a Fault identified by Ting Labs, and for Qualified Repairs to Your Home electrical system to remediate the Fault. Remediation Credit is applicable to labor necessary for Qualified Repairs only. For purposes of clarity and the avoidance of doubt, the Remediation Credit does not apply to 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 identified by the TFSS but which are not Faults (e.g., an ungrounded outlet or circuit); (3) repairs to Faults evidenced to be from pre-existing conditions that would have been reasonably apparent prior to installing the Ting Sensor; (4) repairs to Your Home electrical distribution system for Faults from gross negligence or from damage evidenced by intentional or deliberate acts; (5) repairs to utility-owned equipment outside the Home; (6) electrical supply line(s) from the utility to the home; and (7) repairs associated with Faults not previously identified by the TFSS.

Ting Labs is not an insurer, warranty provider, guarantor, or home-service insurer and cannot, by law, respond to claims or losses. Warranty and/or insurance coverage for Your home or appliances, if any, shall be obtained solely by You. The TFSS is designed to proactively identify and then help to mitigate potential fire hazards. The Remediation Credit is only applicable for that purpose, as described above. Repair credits and remediation assistance are service components solely as described herein and do not constitute insurance coverage or guarantees against future electrical failures, fires, outages, or damages.

For Your available Remediation Credit to apply, Remediation Services must be approved in advance by Ting Labs and must be performed by an Authorized Contractor. Ting Labs is not responsible for, nor will the Remediation Credit apply to, expenses You may incur without Ting Labs’ express consent. Ting 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. Remediation Services are limited to only the labor necessary 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 “Remediation Services and Repair Credits” is not a Qualified Repair and is 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.

13. Additional Terms Relating to the Ting Sensor

All purchases that include a Ting Sensor directly from Ting Labs or from a Partner, or distribution to You of a Ting Sensor from Ting Labs on behalf of a Partner, 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 Ting Labs, 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, Ting Labs 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-transferable. 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. Ting Labs 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 Ting Labs; 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. Ting Labs strongly suggests that You do not buy the Sensor from any unauthorized sellers. Ting Labs’ obligation to provide the TFSS 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 Ting Labs in attempting to resolve the alleged failure.

14. Grant of License.

Subject to the terms and conditions of this Agreement, Ting Labs grants You a non-exclusive, non- transferable license to use the TFSS (including the Ting Firmware and any related documentation and materials) and any data or services provided to You in connection with the TFSS for Your personal, non-commercial residential use only. 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 TFSS 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 the TFSS 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 TFSS; (d) implement any functionality that interferes with the core functionality of the TFSS; (e) utilize the TFSS 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 TFSS.

You agree that Ting Labs may contact You to request suggestions, comments, or other feedback regarding the TFSS (collectively, “Feedback”). You agree Ting Labs may freely use, disclose, reproduce, license, distribute and otherwise commercialize the Feedback in any product, technology, service, specification, or other documentation of Ting Labs as Ting Labs sees fit.

15. Reservation of Rights.

All intellectual property rights in and to Ting shall be owned solely by Ting Labs 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 Ting Labs. Nothing in this Agreement shall be construed to restrict Ting Labs’ 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 Ting Labs’ 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 Ting Labs to grant any license under any patent, trade secret, or other intellectual property right to You.

16. Limitation of Liability and Indemnity

THE TFSS, TING SENSOR, MOBILE APPLICATIONS, ANALYTICS, ALERTS, OPERATIONAL INTELLIGENCE SERVICES, AND RELATED SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

WHISKER LABS DISCLAIMS ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CONTINUOUS OPERATION, ACCURACY, OR COMPLETE DETECTION OF ALL HAZARDS.

WHISKER LABS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, INCLUDING DAMAGES ARISING FROM:

  • FAILURE TO DETECT A HAZARD;
  • FAILURE OF ALERT DELIVERY;
  • POWER OUTAGES;
  • INTERNET OR NETWORK FAILURES;
  • UTILITY-INFRASTRUCTURE FAILURES;
  • WILDFIRES;
  • ELECTRICAL FIRES;
  • EQUIPMENT DAMAGE;
  • OR FAILURE OF THIRD PARTIES TO RESPOND TO ALERTS OR OPERATIONAL NOTIFICATIONS.

THE SUBSCRIBER ACKNOWLEDGES THAT IT IS IMPRACTICAL AND EXTREMELY DIFFICULT TO DETERMINE THE ACTUAL DAMAGES, IF ANY, THAT MAY RESULT FROM FAILURE OF THE TFSS OR RELATED SERVICES. IN NO EVENT SHALL WHISKER LABS’ 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 WHISKER LABS IN THE ONE (1) YEAR PERIOD IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO SUCH LIABILITY.

ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE TFSS, OR THE TING SENSOR MUST BE FILED WITHIN TWO (2) YEARS AFTER THE CLAIM OR CAUSE OF ACTION ACCRUES, REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY. FAILURE TO FILE WITHIN THIS PERIOD SHALL PERMANENTLY BAR THE CLAIM. THIS LIMITATION APPLIES TO ALL CLAIMS AND CAUSES OF ACTION, WHETHER ARISING IN CONTRACT, TORT, STATUTE, OR OTHERWISE.

WITHOUT THESE LIMITATIONS, WHISKER LABS WOULD NOT PROVIDE THE TFSS ON THE SAME TERMS.

Subscriber Indemnification. To the extent permitted by applicable law, You agree to defend, indemnify, and hold harmless Ting Labs and its officers, directors, employees, and authorized contractors from and against any third-party claims, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) Your breach of this Agreement; (b) Your provision of inaccurate, false, or misleading account or installation information; (c) Your failure to follow Ting Labs’ remediation instructions or recommendations after notification of a Fault; (d) Your misuse of the TFSS or Ting Sensor; or (e) Your violation of applicable law in connection with Your use of the TFSS. This indemnification obligation does not apply to claims arising from Ting Labs’ own negligence or willful misconduct.

17. Term.

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 Ting Labs’ discretion, Ting Labs shall deactivate the TFSS.

Cancellation of TFSS.

Cancellation By You. If You received Ting through a Partner, You have the right to cancel this Agreement, including Your use of the TFSS at any time, subject to the Ting Labs Partner Program terms agreed to between You and the Partner, by emailing Ting Labs at help@tinglabs.com. If You purchased Ting online directly from Ting Labs or received it as a gift, You can find more information about canceling Your TFSS under Customer Policies (https://www.tingfire.com/help/customer-policies/).

Cancellation By Ting Labs Due to Your Default. If You breach this Agreement Ting Labs will have the right, in its sole discretion acting in good faith, to cancel this Agreement, including Your use of the TFSS. If Ting Labs elects to do so, it will first notify You of such breach. In that case, You will have seventy-two (72) hours (for safety-related breaches) or five (5) business days (for other breaches) 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, Ting Labs may then, in its sole good faith discretion, cancel this Agreement and Your use of the TFSS. In the event of such a Cancellation, no TFSS will thereafter be provided.

18. Revisions.

Ting Labs may revise Ting to reflect changes in relevant laws and regulatory requirements and/or to implement technological improvements. In addition, Ting Labs may make other revisions to the TFSS and this Agreement by updating these terms. If Ting Labs makes changes to this Agreement that Ting Labs considers material, Ting Labs will make reasonable efforts to notify You by placing a notice on the tingfire.com website, by sending You an email, or by some other means. By continuing to use the TFSS after such changes, You are expressing Your acknowledgment and acceptance of the changes. Please check this Agreement periodically for updates.

19. 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. Ting Labs may assign this Agreement in whole or in part without notice. You may not assign this Agreement, or any of its rights or obligations hereunder, without the prior written consent of Ting Labs. 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.

20. 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 Ting Labs each agree that all disputes (whether based in contract, tort, statute or otherwise) between You and Ting Labs 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, including any contractual limitations on liability set forth in this Agreement. 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 Ting Labs’ 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 Ting Labs 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 allows 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.

ATTENTION ALL CANADIAN CUSTOMERS, INCLUDING ANY CUSTOMER DEPLOYING A TING DEVICE IN CANADA, please note that any binding arbitration provisions contained herein will no longer be applicable and that Ting Labs must seek Your consent before modifying the terms of this agreement. In the case of TFSS deployed in Canada, the governing law of the agreement shall be the federal laws of Canada and the provincial laws of the Province of Ontario, with the courts therein having jurisdiction over any applicable dispute. All currency amounts listed shall be deemed to be in Canadian Dollars and any references to the United States shall be deemed to refer to Canada. For clarity, the Remediation Credit described in Section 12 shall be CAD$1,000 for Canadian customers. Section 3 – Description of the Service shall include Canadian 120/240-Volt power.

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 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 by submitting a request through the following portal: https://my.datasubject.com/3tWAT6O3PN/66427, 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, Ting Labs 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.

21. Contact Us.

For questions about this Agreement or the TFSS, You may contact Ting Labs through the following channels:

General Support and Account Inquiries
Telephone: 1-877-793-2203
Email: help@tinglabs.com
Web: https://www.tingfire.com/help/customer-policies/

Privacy Rights Requests (Access, Deletion, Portability, Correction, and General Privacy Inquiries)
Email: privacy@tinglabs.com
Delete Account Portal: https://my.datasubject.com/3tWAT6O3PN/65621

Arbitration Opt-Out
https://my.datasubject.com/3tWAT6O3PN/66427 (must be submitted within 30 days of acceptance)

Moving / Service Transfer
Telephone: 1-877-793-2203
Email: help@tinglabs.com
In-App: via the Ting App

Whisker Labs, Inc d/b/a Ting Labs. Revised July 23, 2026