The Travelers Indemnity Company Customer Participant Agreement

By confirming Your enrollment You agree to the terms below.

Whisker Labs Inc. ("Whisker Labs") offers products and services (the "Service") to remotely monitor and manage Your electrical system and connected devices to help detect faults that could lead to electrical fires (collectively referred to as "Devices" or "Ting Sensor"). 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 them potentially becoming an imminent fire hazard within the premises. Whisker Labs is looking to share Your Device experience with Travelers for Travelers analytical and research purposes in connection with potential future insurance products and/or related services ("Program").

Overview of Terms:

1. As an Additional Benefit under your policy, the Ting Sensor and three (3) years of Service are provided. You have no obligation to continue the Service and may cancel at any time.
2. The Ting Sensor should be installed within ten (10) days of receipt. A smartphone and Wi-Fi are required.
3. The Ting Sensor will monitor Your electrical system and connected devices to help detect faults that could lead to electrical fires.
4. The Service is a concierge service. Whisker Labs helps coordinate and cover up to $1,000 in labor for any repairs of electrical fire hazards detected by the Ting Sensor.

TING FIRE SAFETY TECHNOLOGY PROGRAM PARTICIPATION AGREEMENT

This Customer Participation Agreement ("Agreement") is between The Travelers Indemnity Company or one of its property casualty insurance company subsidiaries or affiliates (hereinafter collectively referred to as "Travelers"), and its Policyholder ("You" or "Your" as applicable) with the Policyholder premises address (or residence premises as applicable) that You have entered ("Premises") to govern Your participation in the Ting Fire Safety Technology Program ("Program").

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.

1. You agree to allow Travelers to provide to Whisker Labs Your name, email address, installation address, shipment address and phone number for the purposes of:
• Program registration
• Ting Sensor shipment and delivery
• Delivery of follow-up emails regarding program information and correspondence about Ting Sensor shipment, delivery and installation, and delivery of SMS messages, if you consent to such messages
• Registration of your Whisker Labs service account
• Whisker Labs contacting You in the case of fire hazard detection at the Premises
• In the event of a fire claim in a home that is participating in this Program, Travelers may share claim experience data with Whisker Labs (Ting) to help improve performance of the Ting Fire Safety Technology and the detection of future electrical fires.


2. Whisker Labs will provide You with Ting Sensor(s), to be self-installed by You in the Premises within ten (10) days of receipt of the 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(s), You are required to return it to Whisker Labs by contacting them for instructions at [email protected].


3. You will agree to the Ting Terms and Conditions at time of installation, which can be found at https://www.tingfire.com/ting-terms-of-service/.


4. Travelers agrees to pay for the cost of the initial activation, Ting Sensor, and the first three (3) years of Service ("Activation Period"). Thereafter, Travelers, at its sole option, may pay for additional years of Service ("Extended Period") or provide notice of discontinuation of payment and allow You to continue in the Program by paying the then-current rates, fees and taxes. The notice of discontinuation of payment is not a termination under Paragraph 8 and the data collection will continue under the Program. The Ting Sensor, activation and Service are being provided for three (3) years for being a current and continuous Policyholder with Travelers during the Activation Period and any Extended Period, Your participation in the Program and Your associated responsibilities defined herein.


5. You agree to allow Travelers, for the benefit of itself, its subsidiaries and affiliates, access to Your Ting Sensor data reports (including summary counts of power quality events, sensor status, and fire hazard information), (collectively, the "Device Data") for purposes of this Program, which will be made available to Travelers during the Program. Travelers may access and transfer the Device Data to a secure environment. Travelers will analyze the Device Data to learn more about the Ting Fire Safety technology capabilities, detection efficiency, and potential to consistently identify arcs prior to them becoming an imminent fire hazard within the Premises and other related uses such as underwriting and for purposes of potential future product development or enhancement and for the other purposes described hereunder. You agree to cooperate with Whisker Labs and Travelers in furtherance of the purposes of this Program, including the completion of feedback and/or Device-related surveys offered to You from time to time. You hereby grant to Travelers and its affiliates a perpetual, worldwide, royalty-free, irrevocable, transferable right and license to use, reproduce, distribute, create derivative works based on, display, perform and otherwise exploit the Device Data collected during the Program Period. You understand that Travelers intends to use Device Data to research and analyze risk correlations, if any, for potential future insurance products and/or services and for any other lawful purposes relating to the business of insurance.


6. If at the conclusion of the Program, You wish to keep the Ting Sensor and continue with Service, You will have the opportunity to continue your relationship with Whisker Labs and pay the then-current rates, fees and taxes. You are under no obligation to continue the Service. This relationship would be solely between You and Whisker Labs, independent of any Travelers affiliation. Travelers makes no representation regarding the tax implications of participating in this Program. You should consult a professional tax advisor regarding your personal situation.


7. Travelers makes no representations or warranties regarding the performance of the Ting Sensor, or in the associated Service ("System"). You agree that Travelers is not responsible for the performance of such Ting Sensor or the associated Service. The Ting Sensor and Service may not recognize all conditions, surges, sags, dips, faults, overload, or properly detect arc faults which represent an imminent fire hazard. 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 Travelers 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/or local area network has an interruption in service, including at the Premises. In this event, because it is also dependent on internet access, the Service will likewise be interrupted. Travelers is not responsible for any action taken, or not taken, by You as a result of this Program.



NO WARRANTY OR REPRESENTATION. Travelers does not represent or warrant that the 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 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 Travelers, even if in writing shall not be deemed to create an express warranty. TRAVELERS MAKES NO REPRESENTATIONS OR WARRANTIES AND DISCLAIMS ANY LIABILITY WITH RESPECT TO THE PRODUCT, GOODS OR SERVICES AVAILABLE, OFFERED OR ADVERTISED BY WHISKER LABS, INCLUDING BUT NOT LIMITED TO, DEVICES, DEVICE DATA, ANY NETWORK, SOFTWARE OR TECHNOLOGY USED TO TRANSMIT SENSOR INFORMATION, YOUR INVOLVEMENT, ACCESS, OR USE OF ANY OF THE FOREGOING OR YOUR PARTICIPATION IN THIS PROGRAM, AND ANY COMPLIANCE OBLIGATIONS YOU OR WHISKER LABS MAY HAVE UNDER FEDERAL, STATE OR LOCAL LAWS OR REGULATIONS. TRAVELERS, ON BEHALF OF ITSELF, ITS AFFILIATES 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. TRAVELERS 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.

You acknowledge and agree to indemnify and hold Travelers, its affiliates and subsidiaries, and its and their officers, directors, employees and agents (the "Travelers Indemnified Parties") harmless from any loss, lawsuit, cost, expense, legal fees, damage, liability or other costs or obligations resulting from or arising out of Your participation in this Program, Whisker Labs’ products and/or services, and any arbitration or any judicial or administrative or other action brought or threatened against a Travelers Indemnified Parties or based on or arising out of Your receipt, disclosure or use of Device Data or any breach of this Agreement by You. If the final order of a court has determined that Travelers is partially liable due to its willful misconduct or grossly negligent activity, then Travelers shall be responsible for that portion of the liability. This subsection survives termination of this Agreement.

8. Travelers may terminate the Program at any time upon notice to You. You may discontinue participation in the Program at any time by providing notice to Whisker Labs. Once your discontinuation notice is received or if Travelers terminates, Travelers will stop collecting Device Data, but Travelers will retain the Device Data collected prior to your discontinuation for an infinite amount of time.


9. TRAVELERS WILL NOT BE RESPONSIBLE OR LIABLE FOR PERSONAL INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE OF DATA, LOSS OF OTHER INTANGIBLES, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WITHOUT LIMITING THE FOREGOING, TRAVELERS WILL NOT BE RESPONSIBLE OR LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR PARTICIPATION IN THIS PROGRAM, YOUR USE OF OR INABILITY TO USE THE SERVICE, SYSTEM OR WHISKER LABS’ PRODUCTS OR SERVICES. THE MAXIMUM AGGREGATE LIABILITY OF TRAVELERS FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE TWO HUNDRED AND FIFTY U.S. DOLLARS ($250.00). THIS SUM SHALL BE COMPLETE AND EXCLUSIVE AND SHALL BE PAID AND RECEIVED AS AN EXCLUSIVE REMEDY AND NOT AS A PENALTY. ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE ON BEHALF OF BOTH TRAVELERS AND ITS AFFILIATES AND SUBSIDIARIES, AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS.


10. Any use of Device Data by Travelers collected from the Program or your participation therein will be in accordance with the Travelers Online Privacy Statement, found here: https://www.travelers.com/about-travelers/privacy-statements.


11. Travelers may, at any time for any reason upon reasonable notice to you, update the terms of this Agreement. Such revisions will be effective within thirty (30) days of receipt, and Your continued use of the System and participation in the Program after any revisions constitutes 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 Paragraph 8 herein.


12. 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 Travelers. This Agreement is governed by the laws of the State of Connecticut, without regard to its principles of conflicts of law, and regardless of your location. The courts of the state of Connecticut will have exclusive jurisdiction to settle any claim, dispute or matter of difference that may arise out of or in connection with this Agreement. If any provision of this Agreement is found to be unlawful, void or unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.