Whisker Labs Ting™ Sensor Service End User License Agreement (EULA)
WARNING: THE TING SERVICE IS INTENDED TO DETECT MICRO-ARCS AND ANOMALIES IN A RESIDENTIAL ELECTRICAL CIRCUIT THAT MAY PRESENT AN ELECTRICAL FIRE HAZARD. ELECTRICITY IS A COMPLEX PHENOMENON AND THE TING SERVICE CANNOT DETECT ALL POTENTIAL ELECTRICAL FIRE HAZARDS. NO GUARANTEE IS MADE THAT THE SERVICE WILL WARN AGAINST ALL POTENTIAL ELECTRICAL FIRE HAZARDS POSED BY ELECTRICAL SYSTEMS. THE SERVICE WILL NOT SHUT OFF POWER TO YOUR ELECTRICAL SYSTEM, NOR WILL IT ALERT YOU IF THERE IS AN ACTIVE FIRE.
THE DEVICE 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.
TING IS NOT EQUIPPED WITH AN AUDITORY OR VISUAL ALERT TO NOTIFY YOU IF THE TING SERVICE DETECTS A POTENTIAL HAZARD IN AN ELECTRICAL CIRCUIT. IN SUCH EVENT, YOU WILL BE NOTIFIED BY ONE OR MORE OF THE FOLLOWING METHODS: EMAIL, APP NOTIFICATION, PHONE CALL, TEXT MESSAGE.
Last updated: June 7, 2019
Welcome to the Ting Service
PLEASE READ CAREFULLY. THIS AGREEMENT CONTAINS THE TERMS AND CONDITIONS UNDER WHICH YOU ARE ACQUIRING A LICENSE. 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.
The Ting Sensor Service is not a sale of goods, but rather is a license to a service which includes a physical sensor, a mobile application, and a set of analytics and notification services (collectively, the “Service”). The Service requires Ting to be installed, powered and connected to the Internet in order to function. All right, title, and interest (including all intellectual property rights) in, and to the Service, sensor hardware, and any data or services provided (including all copies thereof) shall remain with Whisker Labs.
The Service fee includes a one-time activation fee and a subscription fee. The subscription fee may renew every year at the anniversary of your activation, or it may be a multi-year subscription, depending on the package you selected at the time of activation. To cancel your subscription, contact the Ting partner (insurance or home service contractor, or other) who provided you Ting, or contact Whisker Labs at email@example.com.
By installing the 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, then you may not use the Services and you must return any hardware within 30 days of its delivery by contacting us via the e-mail address below.
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 300, Germantown, MD 20876
You may contact us by email at firstname.lastname@example.org
The Ting Service
- Measures electromagnetic data from the home’s electrical network to detect the pre-cursors to potential electrical fire hazards, which are micro-arcs and sparks that develop over time in cords, wires or faulty devices.
- Discerns the power quality measurements in 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.
- Identifies and monitors the operation of certain devices and appliances, such as the HVAC, to provide performance diagnostics and/or fault prediction.
If a potential electrical fire hazard is detected we will contact you via app notification, text, email and/or telephone as soon as is practicable after we determine that the electrical signal may pose an electrical fire hazard. We may ask for your assistance to help isolate the signal within your building, to help us with diagnosis and to help us determine whether an electrician should be consulted. You agree to provide such assistance as reasonably may be needed in this regard but only to the extent that you are comfortable providing requested assistance and expressly agree to do so.
THE TING SERVICE IS DESIGNED TO DETECT THE PRESENCE OF ELECTRICAL FIRE HAZARDS PRESENT ON THE ELECTRICAL DISTRIBUTION SYSTEM DIRECTLY CONNECTED TO THE MAIN BREAKER PANEL THAT SUPPLIES POWER TO TING. 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. ONE TING IS REQUIRED FOR EACH 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 CONNECTED TO A MAIN BREAKER PANEL, 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 A SUB-PANEL IS INSTALLED IN A DETACHED OR REMOTE STRUCTURE SEPARATE FROM WHERE THE MAIN BREAKER PANEL IS LOCATED, A SECOND TING WILL BE REQUIRED.
DATA COLLECTION AND USE
We also collect certain information regarding devices that are connected to the same wireless network that the Ting sensor is connected to (“Network Data (ND)”). We DO NOT know what data is being sent over the network by a device, only that a specific device is present on the network. We do this so that we can better correlate an identified potential electrical fire hazard to a specific device, thus improving the precision of our notifications and supporting our ability to find and mitigate the hazard. You may opt-out of the collection of ND via the Settings menu in the Ting application.
GRANT OF LICENSE
Subject to the terms and conditions of this Agreement, we grant you a non-exclusive, nontransferable 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 you hereunder.
1. Whisker Labs (WL) will provide you 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.” WL 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 WL, 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, WL may contact you to request suggestions, comments or other feedback regarding the Service (collectively, “Feedback”). You agree WL may freely use, disclose, reproduce, license, distribute and otherwise commercialize the Feedback in any product, technology, service, specification or other documentation of WL or its affiliates.
2. RESERVATION OF RIGHTS. All rights, title and interest in and to the Materials shall be owned solely and exclusively by WL. 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 WL. Nothing in this Agreement shall be construed to restrict WL’s 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 WL’s 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 WL 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 MICRO-ARCS AND ANOMALIES IN A RESIDENTIAL ELECTRICAL CIRCUIT THAT MAY PRESENT A FIRE HAZARD. ELECTRICITY IS A COMPLEX PHENOMENON AND THE TING SERVICE CANNOT DETECT ALL POTENTIAL ELECTRICAL FIRE HAZARDS. NO GUARANTEE IS MADE THAT THE SERVICE WILL WARN AGAINST ALL POTENTIAL ELECTRICAL FIRE HAZARDS POSED BY ELECTRICAL SYSTEMS. 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. any subsequent changes made to your broadband internet connection that prevent the Service from working;
b. 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);
c. any cost, loss or damage that you suffer related to your loss of broadband internet connection that prevent the Service from working;
d. 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;
e. Any costs associated with hazard identification and/or mitigation services in excess of any credit provided as described below;
5. SERVICE TERMS.
a. Remediation Credit.
Whisker Labs (“WL”) will supply a total of $1,000 as a credit toward the remediation of electrical fire hazards within the Ting-monitored electrical distribution system identified during the End User (“You” or “Your”) Term of Service. 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. Credit is applicable to qualified repairs to Your home electrical distribution system to alleviate a detected electrical fire hazard. For clarity, the credit 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.
Description of Covered Items: Electrical components are limited to single-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. Includes standard parts or components consisting of 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 subpanels 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 repair.
Items/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 – new construction or repair of pre-existing system – that is otherwise covered by a service or repair warranty.
b. Remediation Services.
When location, diagnosis, identification and repair (“Remediation Services”) of an electrical fire hazard covered by this credit are recommended, the WL Ting Service Team will coordinate with You via Your preferred method of contact. WL will refer the work to a WL-authorized independent contractor. In the event WL determines, at our sole discretion, that there is an emergency situation requiring expedited Remediation Service that cannot be addressed by disabling a branch circuit or turning off or unplugging a device, WL will make every reasonable effort to expedite service, and will give consideration to covered Remediation Services that would affect habitability of the dwelling. WL will determine, at our sole discretion, which Remediation Services constitute an emergency.
WL has sole authority to select independent contractors for Remediation Services. All Remediation Services must be performed by a WL-authorized independent contractor and approved by WL in advance, unless the portion of Your electrical system requiring remediation is determined to fall under the scope of an existing warranty or contract. WL is not responsible for, nor will the Ting service credit apply to, expenses You may incur without WL’s express consent. WL will not reimburse You for any costs associated with unauthorized repairs and/or work performed by unauthorized contractors. All service calls and Remediation Services performed for You arising from the identification of an electrical fire hazard shall be pursuant to a contract between You and the independent contractor. WL has no responsibility for onsite electrical fire hazard diagnosis or repair; WL provides data and tools to help the WL-authorized independent contractor with diagnosis.
Upon completion of a WL-referred service call, WL’s authorized independent contractor shall present an invoice to You reflecting the credit up to the available credit balance. If repair/remediation exceeds the available credit balance, the authorized independent contractor shall collect directly from You for any additional charges per its contract with You. The authorized independent contractor shall bill its usual and customary rates for mitigation services. Credits will only be given for service calls referred by WL and arising from notification of electrical fire hazards identified by WL, and for qualified repairs to Your home electrical distribution system.
c. Additional Terms for Ting Sensor Hardware
Hardware 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 WL, in writing (or by email), of any fault or defect which prevents Hardware from functioning in accordance with the documentation, WL will, at its sole option and free of charge to You, repair or replace the Hardware. Free 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. WL will not repair or replace the Hardware in the following instances: If the alleged defect arises because You (or someone acting under the Your instruction) has altered or repaired the Hardware without the prior written consent or authorization of WL; 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 WL of any defect where the defect should have been reasonably apparent on inspection of the Hardware.
The above represents Your sole and exclusive remedy with respect to Hardware replacement and is contingent on You providing all necessary information to assist WL in attempting to resolve the alleged fault. WL 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. WL SHALL NOT BE RESPONSIBLE TO SUBSCRIBER 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 WL. Upon the expiration of this Agreement, at WL’s discretion, WL shall deactivate and/or retrieve the Materials. Sections 1 through 3, 6, and 7 shall survive expiration of this Agreement.
7. In no event shall WL be liable for your use of the Materials. You shall indemnify, defend and hold harmless WL and successors and assigns from and against any claim, liability, cost, expense, damage, deficiency, loss or obligation of any kind or nature based upon, arising out of or otherwise relating to your use of the Materials, except to the extent resulting from WL’s negligence, infringement or claimed infringement, violation of law or of regulation or willful misconduct.
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.
Rev. June 7, 2019