This is an Agreement ("Agreement") between Bamboo Ide8 Insurance Services, LLC ("Bamboo") and its Homeowners Policyholder ("You") with the Policyholder home address that You have entered ("Home") to govern Your participation in the Ting Fire Safety Technology Program ("Program"). The Program participation requirements and Your associated responsibilities are defined herein.
- THIS AGREEMENT SETS FORTH THE TERMS OF OUR AGREEMENT AND CONTAINS LIMITED WARRANTIES, DISCLAIMER OF WARRANTIES, AND LIMITATIONS OF LIABILITY AND SHOULD BE READ CAREFULLY. THIS AGREEMENT IS NOT AN INSURANCE CONTRACT AND DOES NOT MODIFY OR CHANGE ANY TERM, CONDITION, OR COVERAGE WITHIN YOUR INSURANCE POLICY.
THE SENSORS AND TING SERVICES ARE NOT A SUBSTITUTE FOR ANY THIRD-PARTY MONITORED EMERGENCY-NOTIFICATION SYSTEM OR ANY FIRE OR SMOKE DETECTORS. UNDER NO CIRCUMSTANCES WILL BAMBOO DISPATCH EMERGENCY SERVICES TO YOUR LOCATION. PLEASE DO NOT CONTACT BAMBOO WITH ANY LIFE/SAFETY EMERGENCY, MEDICAL EMERGENCY, OR ANY OTHER EMERGENCY. IF YOU HAVE ANY SUCH EMERGENCY, YOU SHOULD IMMEDIATELY CONTACT THE POLICE, FIRE DEPARTMENT, 911 OR OTHER APPROPRIATE EMERGENCY RESPONSE SERVICE.
- Consent to Share Information. You agree to allow Bamboo to provide Whisker Labs, Inc. (https://www.whiskerlabs.com), a Maryland-based company and provider of the Ting Fire Safety Technology, Your name, email address, installation address, shipment address, phone number, and information pertaining to Your insurance products and claims experiences with Bamboo for the limited purposes of:
- Program registration
- Ting Sensor shipment and delivery
- Delivery of email communications, including SMS if You consent, concerning program information and notices regarding sensor shipment, delivery, and installation
- Registration of Your Ting Service account
- Improving the performance of the Ting Fire Safety Technology and Service
- Receiving and Installing Ting. Whisker Labs will provide You with one Ting Sensor to be self-installed by You in Your Home within ten (10) days of receiving Your Ting Sensor, using the accompanying Ting Sensor mobile application and instructions provided by Whisker Labs. If Your circumstances necessitate time beyond ten (10) days, You agree to advise Whisker Labs so their communications with You can be adjusted as needed. Should You elect not to install Your Ting Sensor, You must return it to Whisker Labs by contacting them for instructions at [email protected].
During the installation process, to enable use of the Ting Service, You will be required to agree to the standard Whisker Labs Ting Sensor Service ("EULA") and Terms of Service, located at https://www.tingfire.com/ting-terms-of-service.
- Service Period. Bamboo agrees to pay for the cost of the Ting Sensor and the first three years of Service ("Service Period"). The Ting Sensor, using high-speed digital signal processing and machine learning, is intended to detect the presence of small electrical discharges and arcs prior to these potentially becoming an imminent fire hazard within the Home.
The Ting Sensor and three (3) years of Ting Service are being provided free of charge for being a current and continuous Homeowners Policyholder (non-tenant) with Bamboo during the Service Period and any Extended Period (defined below). Continued use of the Ting Service under the terms of this Agreement requires that Your homeowner policy with Bamboo remains eligible. Your Ting Service will be canceled if You discontinue Your policy with Bamboo or change Your policy to where it is no longer eligible for this program.
After the Service Period, Bamboo, at its sole option, may elect to pay the cost for additional years of Service ("Extended Period") or provide notice of discontinuation of payment and allow You, at Your sole discretion, to continue using Ting under the Program by paying the then-current rates, fees, and taxes. The notice of discontinuation of payment is not a termination under section 5, and the data collection will continue under the Program. If You wish to keep using Ting after the Program Service Period, You will have the opportunity to continue with Whisker Labs and pay the then-current rates, fees, and taxes. You are under no obligation to continue the Ting service. This relationship would be solely between You and Whisker Labs, independent of any Bamboo affiliation. Bamboo makes no representation regarding the tax implications of participating in this Program. You should consult a professional tax advisor regarding Your personal situation.
- Ting Data Sharing. You agree to allow Bamboo, for the benefit of itself, its subsidiaries, and affiliates, including Bamboo (collectively "Bamboo") access to Your Ting data, which will be made available to Bamboo during the Program. Bamboo may access and transfer the data to a secure environment. Bamboo will analyze the data to learn more about the Whisker Labs Ting Fire Safety technology performance and detection efficiency and other related uses, such as underwriting for purposes of potential future product development or enhancement. Bamboo may collect, use, disclose, and retain data and information regarding your use of the Ting System, registration site, mobile app, and your participation in the Program. Bamboo's use, collection, disclosure, and retention of such data and information will be governed by its privacy policy located at: https://bambooinsurance.com/privacy-policy.
- Cancelation/Termination. Bamboo may terminate the Program at any time upon notice to You. You may discontinue participation in the Program at any time, at no cost or obligation to You, by providing notice to Whisker Labs. Once Your discontinuation notice is received or if Bamboo terminates, Bamboo will stop receiving data, but Bamboo will retain the data collected before Your discontinuation.
- No Warranty or Representation. Bamboo makes no representations or warranties regarding the performance of the Whisker Labs Ting Sensor or associated Service ("System"). You agree that Bamboo is not responsible for the performance of such Ting sensor or the associated Service. The Whisker Labs Ting Sensor and Service may not recognize all conditions, surges, sags, dips, faults, overloads, or properly detect arc faults that represent a fire hazard. The Ting Service will not prevent all electrical related home fires.
You understand and agree that the Service rendered under this Program relies on broadband (Internet access) and local area network (Wi-Fi), both of which are under Your control, and Bamboo does not control or guarantee any wireless or broadband service or local area network. Inherent in this System is a failure when wireless or broadband (Internet) and local area network experience an interruption in Service, including at Your Home. In this event, the Service will likewise be interrupted because it is also dependent on internet access. Bamboo is not responsible for any action taken, or not taken, by You as a result of this Program, nor for any interruption in Services.
Bamboo does not represent or warrant that the Whisker Labs Ting sensor or associated Service may not be compromised or circumvented or that the System will prevent any personal injury, loss of life, or property loss or damage or that the System will in all cases provide the notification or monitoring which is intended regardless of the reason, including but not limited to a failure in the monitoring or inability or failure to contact You. By entering into this Agreement, You acknowledge that You have not relied upon any such representation or warranty. You acknowledge that any other affirmation of fact or promise made by Bamboo, even if in writing, shall not be deemed to create an express warranty. Bamboo, ON BEHALF OF ITSELF AND WHISKER LABS, EXPRESSLY DISCLAIMS ANY AND ALL OTHER REPRESENTATIONS AND WARRANTIES WHETHER EXPRESS OR IMPLIED, INCLUDING THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Bamboo AND ITS DIRECT AND INDIRECT SUPPLIERS MAKE NO REPRESENTATION THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THE SYSTEM WILL ALWAYS FUNCTION AS INTENDED.
- Limitation of Liability. You acknowledge that because You are not being charged by Bamboo for the three (3) years and Your control over Your Wi-Fi and Internet access is not sufficient to guarantee in any way that no loss or damage will occur or that the System will always function as intended and that Bamboo is not assuming responsibility for any personal injury, loss of life, or property loss or damage which may occur even if due to Bamboo's negligent performance or which may arise due to the faulty operation of the System, the failure to perform said Service or the failure of the Service, the following Limitation of Liability is reasonable.
Bamboo and You hereby agree that if, notwithstanding the above provisions, there should arise any liability whatsoever on the part of Bamboo, its affiliates, directors, officers, employees, agents, or assigns, it is agreed that the total liability shall not exceed the aggregate sum of two hundred fifty dollars ($250). This sum shall be complete and exclusive and shall be paid and received as an exclusive remedy and not as a penalty.
- Obligations. You agree not to destroy, reverse engineer, tamper with or modify the Sensor and shall comply at all times with the Whisker Lab’s Terms of Service and EULA.
- Repair and Replacement of Ting Sensor. If the Ting Sensor fails or malfunctions due to defects in material or workmanship under normal use during the Term, Whisker Labs may be responsible to repair or replace the Ting Sensor in accordance with their Terms of Service/EULA. Whisker Labs' warranty in the Terms of Service and/or EULA represents your sole and exclusive remedy with respect to Ting Sensor repair or replacement and is contingent on you providing all necessary information to assist Whisker Labs in attempting to resolve the alleged fault.
- Updates to This Agreement. Bamboo may, at any time for any reason, update the terms of the Participation Agreement. Such revisions will be effective immediately, and Your continued use of the System and participation in the Program after any revisions constitute Your acceptance of the revised terms. If You do not agree to the new terms, You may discontinue Your participation in the Program in accordance with section 5 herein.
- Assignment. You may not assign this Agreement, or Your rights or responsibilities hereunder, to any other person or entity unless such assignment is approved in writing by Bamboo. Bamboo may assign this Agreement without notice to You; such assignment will not impact Your use of the System, including the costs thereof.
- Miscellaneous. This is a legally binding agreement that supersedes any proposal, prior agreement or understanding, oral or written, and any other communication among you, and Bamboo relating to the Ting Services. No act, document, usage or custom will be deemed to modify or amend this Agreement in any way. California law will govern this Agreement and the transactions it contemplates, without reference to rules regarding conflicts of law.
