TING FIRE SAFETY TECHNOLOGY PROGRAM PARTICIPATION AGREEMENT
Overview:
- Ting Sensor and Services are provided by Whisker Labs, Inc. ("Whisker Labs") to you, as a policyholder of Utica Mutual Insurance Company ("UMICO"), at no additional cost during the Service Period (defined below) under this Agreement. You will receive a Ting Sensor and up to three (3) years of Ting Service under this Agreement. You have no obligation to continue the Service and may cancel at any time, at no cost to you. The Ting Sensor and Services are sometimes referred to herein collectively as the "System".
- Installing Ting takes approximately two minutes and must be completed within ten (10) days of receiving the Sensor. A smartphone and Wi-Fi are required.
- Ting analyzes voltage to help detect faults that could lead to electrical fires in your home's electrical system and powered devices. The System depends on continuous power for the Ting Sensor, as well as continuous Wi-Fi and Internet connection. If power and/or connectivity is lost, the System will not function as intended.
- Ting is a concierge service. The Whisker Labs Fire Safety Team contacts you if a fire hazard is detected, and if necessary for mitigation of that hazard, Whisker Labs coordinates and covers up to $1,000 in labor for any repairs of an electrical fire hazard detected by Ting.
By confirming your enrollment to receive Ting and accepting this Agreement (via electronic "click-through", e-signature, or Your use of the Ting System), You acknowledge and agree that you have carefully read, understood, and agree to be bound by all of the terms and conditions of this Agreement.
This is an Agreement ("Agreement") among Whisker Labs, UMICO and You (defined as any person or entity who is a Homeowners Policyholder of UMICO and uses the Ting System ("You", "Your" and "Yours")) with the 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, DISCLAIMERS 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. Consent to Use and Sharing of Information.
You agree to allow Whisker Labs https://www.whiskerlabs.com/, a Maryland-based company and provider of the Ting Fire Safety Technology, to use information received by Whisker Labs on behalf of UMICO during enrollment, including, Your name, email address, installation address, shipment address, and phone number, and to allow UMICO to provide Whisker Labs with information pertaining to Your insurance products to confirm that You are a valid policyholder 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
2. 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/.
3. Service Period.
UMICO agrees to pay Whisker Labs for the Ting Sensor and up to three years of Service to You at no additional cost during the Service Period (defined below). 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 Ting Service are being provided to certain current and continuous Homeowners Policyholders (non-tenant) with UMICO during the Service Period, which begins on the date the Service is activated and terminates on the earlier of (i) the third anniversary of the activation date, or (ii) the expiration, non-renewal, discontinuation or termination of your Homeowners Policy or the endorsement for Electrical Hazard Monitoring Service with UMICO for any reason (the "Service Period"). Your continued use of the Ting Service under the terms of this Agreement requires that Your homeowner policy with UMICO remains eligible and in force. Your Ting Service will be canceled if Your policy with UMICO expires, non-renews, discontinues, terminates or changes such that it is no longer eligible for this program. Ting Sensors will be distributed subject to policy verification and product availability. The Ting Sensor and Service are not available in all states.
If You wish to keep using Ting after the end of the Service Period, You will have the opportunity to continue with Whisker Labs and pay the then-current rates, fees, and taxes at your own expense.
You are under no obligation to purchase and continue to use the Ting service. Any relationship after the Service Period would be solely between You and Whisker Labs, independent of any UMICO affiliation. UMICO makes no representation regarding the tax implications of participating in this Program. You should consult a professional tax advisor regarding Your personal situation.
4. Ting Data Sharing.
You agree to allow UMICO, for the benefit of itself, its subsidiaries, and affiliates access to Your Ting data, which will be made available to Whisker Labs and UMICO during the Program. Whisker Labs and UMICO may access and transfer the data to a secure environment. UMICO may 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. Whisker Labs and UMICO 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. Whisker Labs' use, collection, disclosure, and retention of such data and information will be governed by its privacy policy located at: https://www.whiskerlabs.com/privacy-policy/. UMICO's use, collection, disclosure, and retention of such data and information will be governed by its privacy policy located at: unigus-consumer-privacy-notice.pdf and the terms of your homeowners policy.
5. Cancelation/Termination.
UMICO may terminate the Program prior to the end of the Service Period 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 and UMICO. Once Your discontinuation notice is received or if UMICO terminates, UMICO will stop receiving data, but UMICO will retain the data collected before Your discontinuation.
6. No Warranty or Representation.
UMICO makes no representations, warranties or guarantees regarding the performance or non-performance of the Whisker Labs Ting Sensor or associated Service ("System") including without limitation detection, any reduction in severity or prevention of any losses or occurrences, any potential savings, the Ting Services, the Sensor, the App, any enlistment or enrollment website, web portal, or any other electronic platform related to the Ting Services, quality, safety, or any loss of your personal information resulting from a compromise of the Sensor or Ting Services by a hacker or any other unauthorized third party, or any other aspects of the Ting Services or System. You agree that UMICO is not responsible for the performance or non-performance of such Ting sensor or the associated System. UMICO shall have no liability to You or any other person or entity, including any third party, with respect to any personal injury, loss of life, or property loss or damages caused, or alleged to have been caused, directly or indirectly, by the use of the Ting Systems. Except to the extent that UMICO is responsible for any losses or damages under the terms of Your applicable UMICO insurance policy, UMICO's sole responsibility is to pay Whisker Labs for the cost of the Ting Sensor and the Services during the Service Period. UMICO's participation herein is solely as an insurance risk management tool. Upon accepting, activating and using the System, You acknowledge and agree that Whisker Labs is solely responsible for the System in accordance with the terms and conditions of its EULA and Terms of 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 and System 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 UMICO 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. UMICO is not responsible for any action taken, or not taken, by You as a result of this Program.
UMICO does not represent or warrant that the Whisker 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 Whisker Labs or UMICO, even if in writing, shall not be deemed to create an express warranty.
UMICO, on behalf of itself, and the other member insurance companies of UMICO and Whisker Labs, expressly disclaim any and all representations and warranties whether express or implied, statutory or arising from course of dealing, usage or trade, including those of merchantability, reliability, accuracy, title, fitness for a particular purpose and/or non-infringement. UMICO and its direct and indirect suppliers and other member insurance companies make no representation that the service or system will be uninterrupted or error-free or that the system will function as intended.
7. Limitation of Liability.
UMICO does not guarantee in any way that the System will function as intended and UMICO does not assume responsibility or liability for any personal injury, loss of life, or property loss or damage which may occur, including, without limitation, due to the faulty operation of the System, Whisker Lab's failure to perform said Service or the failure of the Sensor or Service.
8. 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.
9. 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 Service Period, Whisker Labs may be responsible to repair or replace the Ting Sensor in accordance with their Terms of Service/EULA. Whisker Lab's 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.
10. 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 UMICO DISPATCH EMERGENCY SERVICES TO YOUR LOCATION. DO NOT CONTACT UMICO 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.
11. Updates to This Agreement.
UMICO may, at any time for any reason, update the terms of this 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.
12. Assignment.
You may not assign this Agreement, or Your rights or responsibilities hereunder, to any other person or entity.
13. 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 UMICO relating to the Ting Services. No act, document, usage or custom will be deemed to modify or amend this Agreement in any way. New York law will govern this Agreement and the transactions it contemplates, without reference to rules regarding conflicts of law.
