This is an Agreement ("Agreement") between Your Insurer 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"). Your Insurer is the issuer of your homeowners or farmowners insurance policy and is either Goodville Mutual Casualty Company or De Smet Farm Mutual Insurance Company of South Dakota, as applicable. 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.
- Consent to Share Information. You agree to allow Your Insurer to provide Ting Labs, Inc. https://www.tingfire.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 Your Insurer 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. Ting 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 Ting Labs. If Your circumstances necessitate time beyond ten (10) days, You agree to advise Ting 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 Ting Labs by contacting Ting Labs 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 Ting Labs Ting Sensor Service (EULA) and Terms of Service, located at https://www.tingfire.com/ting-terms-of-service/.
- Service Period. Your Insurer 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 or Farmowners Policyholder (non-tenant), as applicable, with Your Insurer 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 policy with Your Insurer remains eligible. Your Ting Service will be canceled if You discontinue Your policy with Your Insurer or change Your policy to where it is no longer eligible for this program.
After the Service Period, Your Insurer, 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. Alternately, if You wish to keep using Ting after the Program Service Period, You will have the opportunity to continue with Ting 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 Ting Labs, independent of any affiliation with Your Insurer. Your Insurer 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 Your Insurer, for the benefit of itself, its subsidiaries, and affiliates, access to Your Ting data, which will be made available to Your Insurer during the Program. Your Insurer may access and transfer the data to a secure environment. Your Insurer will analyze the data to learn more about the Ting 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. Your Insurer 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. Your Insurer's use, collection, disclosure, and retention of such data and information will be governed by its privacy policy located at https://www.goodville.com/help/privacypolicy/.
- Cancellation/Termination. Your Insurer 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 Ting Labs. Once Your discontinuation notice is received or if Your Insurer terminates, Your Insurer will stop receiving data, but Your Insurer will retain the data collected before Your discontinuation.
- No Warranty or Representation. Your Insurer makes no representations or warranties regarding the performance of the Ting Labs Ting Sensor or associated Service ("System"). You agree that Your Insurer is not responsible for the performance of such Ting sensor or the associated Service. The Ting 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 Your Insurer 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. Your Insurer is not responsible for any action taken, or not taken, by You as a result of this Program.
Your Insurer does not represent or warrant that the Ting Labs Ting sensor or associated service ("System") 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, and You have not relied upon any such representation or warranty. You acknowledge that any other affirmation of fact or promise made by Your Insurer, even if in writing, shall not be deemed to create an express warranty. YOUR INSURER, ON BEHALF OF ITSELF AND TING 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. YOUR INSURER 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 Your Insurer 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 Your Insurer is not assuming responsibility for any personal injury, loss of life, or property loss or damage which may occur even if due to Your Insurer’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.
Your Insurer and You hereby agree that if, notwithstanding the above provisions, there should arise any liability whatsoever on the part of Your Insurer, its 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 Ting Labs' 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, Ting Labs may be responsible to repair or replace the Ting Sensor in accordance with their Terms of Service/EULA. Ting 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 Ting Labs in attempting to resolve the alleged fault.
- Nature of Sensor and Services. 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 YOUR INSURER DISPATCH EMERGENCY SERVICES TO YOUR LOCATION. PLEASE DO NOT CONTACT YOUR INSURER 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.
- Updates to This Agreement. Your Insurer 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 Your Insurer.
- 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 Your Insurer relating to the Ting Services. No act, document, usage or custom will be deemed to modify or amend this Agreement in any way. Pennsylvania law will govern this Agreement and the transactions it contemplates, without reference to rules regarding conflicts of law.
