Terms and Conditions

Whisker Home Service

Last updated: October 2017

Welcome to the Whisker Home Service

PLEASE CAREFULLY READ THIS AGREEMENT WHICH CONTAINS THE TERMS AND CONDITIONS UNDER WHICH YOU ARE ACQUIRING A LICENSE TO THE SERVICES. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT, 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 BE ACCEPTING THIS AGREEMENT, AND YOU WILL HAVE ACCEPTED AND AGREED TO THESE TERMS AND CONDITIONS.

The Whisker Home Service is not a sale of goods, but rather a subscription and a license to a service which includes hardware goods (the “Whisker Energy Sensor”, comprised of a hub, sensors, power supply, data cable), and analytic content and data services (the “Services”). The Services require hardware to be installed in order to function. All right, title, and interest (including all intellectual property rights) in, and to the Services, hardware (including hub, sensors, power supply, data cable), and any data or services provided (including all copies thereof) shall remain with Whisker Labs.

Please read these terms and conditions carefully as they, along with our Privacy Policy, which can be found at http://whiskerlabs.com/privacy, will govern our relationship regarding your subscription, including the collection and use of data, and an agreement to resolve any disputes by mandatory binding arbitration without a jury, to waive bringing claims by class actions or other representative actions, and a time limit on bringing claims.

By installing the Whisker sensor 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 to you for a full refund (if applicable) by contacting us as described 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 help@whiskerlabs.com

Services Description

The Whisker Home Service

  • Measures electromagnetic fields from a sensor on the main circuit of the home electrical panel, and converts this data into current, voltage, and power measurements.
  • Discerns the electrical signature of major appliances such as the HVAC, and monitors it for abnormalities to inform customers to appliance performance and efficiency problems so they can maintain their comfort and save money.
  • Provides energy usage analytics with recommendations on how to reduce energy waste.

Grant of License

Subject to the terms and conditions of this Agreement, we grant you a non-exclusive, nontransferable license to use the Services (including any related documentation and materials) and any data or services provided. You acknowledge that the Services contain 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.

Data Collection and Use

As described above, The Whisker Sensor collects data regarding your home’s energy usage (“Sensor Data”), and the Service interprets Sensor Data in a variety of ways to provide information and insights to you regarding home appliance and energy use from the Sensor Data. The Service also uses third-party data, such as weather information or geographic information, to better put your energy use into a proper context. In order to make this information relevant to you and your home, we require certain information of a personal nature from you, such as your physical address and information regarding your home. This information, along with your name, email address and any other personal information you share with us, will be referred to as “User Data.”

You agree that we may collect Sensor Data and User Data as part of the Service. To the extent that User Data is personally identifiable information (“PII”) we agree to treat your PII and secure such information in compliance with our Privacy Policy http://whiskerlabs.com/privacy. Subject to our Privacy Policy (where applicable), for all User Data and Sensor Data, you hereby grant us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sub-licensable and transferable license to store, use, modify, reproduce, distribute, share, prepare derivative works of, display, perform, and otherwise fully exploit the User Data and Sensor Data in connection with the Service, and our (and our successors' and assigns') business, including without limitation for promoting and redistributing part or all of the Service through any channels (including, without limitation, third party websites and services), including the right to perform analytics and to derive, compile and/or otherwise create aggregated and/or anonymized data from the Sensor Data and/or User Data (collectively “Derived Data”). All right, title and interest in and to Derived Data will be owned by us.

Technical Requirements

The Services require an operational Whisker Sensor. To use the Services, you’ll need:

  • An Installed Whisker Sensor on the main circuit, hub and power supply;
  • A compatible breaker box or electrical panel;
  • Wifi connectivity at your main breaker panel location;
  • 120 volt grounded outlet near your main breaker panel location;
  • Your email address and other User Data as required to receive customized HVAC/home appliance performance assessment and energy usage insight reports

The Whisker Sensor is an advanced tool that remotely monitors energy use – once installed it automatically and continuously measures the current, voltage and power usage in your home and sends that information, via the Hub, to us. The Services use sophisticated algorithms to analyze the Sensor Data to create usable information and insights for you. We use the Internet to communicate with the Whisker Sensor, and to send notifications to you. We will use commercially reasonable efforts to keep our infrastructure running but there may be network interruptions which prevent or delay delivery of information in either direction.

Warranty

The Whisker Sensor is warranted to be free from defects in materials or workmanship from the date of delivery to you. This warranty will apply for the duration of your subscription and, if the materials or parts fail to conform to this limited warranty, we will, at our election, either repair or replace them free of charge. This is the sole and exclusive remedy for breach of this limited warranty.

This limited warranty applies to material we provide and repairs we carry out, but it doesn’t apply to any unrelated faults with your central heating or cooling systems or appliances; errors, modifications, or damage caused by you or third parties; usage outside of personal, residential applications; failures caused by third-party equipment; failures in Internet connectivity or the performance of your domestic broadband connection; or any Acts of God or other force majeure events not reasonably within our control.

EXCEPT AS STATED ABOVE IN THIS LIMITED WARRANTY, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THEWHISKER SENSOR, AND ANY DATA OR SERVICES PROVIDED ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS, CONDITIONS, OR WARRANTIES OF ANY KIND. WITHOUT LIMITATION, LICENSOR DISCLAIMS ANY EXPRESS OR IMPLIED REPRESENTATIONS, CONDITIONS, OR WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, SATISFACTORY QUALITY, NON-INFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE. WHETHER ARISING BY STATUTE, COURSE OF DEALING, USAGE OF TRADE, OR OTHERWISE.

Limiation of Liability:

WHISKER LABS SHALL NOT HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES ARISING FROM THIS AGREEMENT INCLUDING FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR PROFIT, LOSS OF OR DAMAGE TO DATA OR OTHER COMMERCIAL OR ECONOMIC LOSS, WHETHER ARISING FROM CONTRACT, EQUITY, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR ANY OTHER THEORY OF LIABILITY, EVEN IF WHISKER LABS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR IF THEY ARE FORESEEABLE. WHISKER LABS SHALL NOT BE RESPONSIBLE FOR CLAIMS BY ANY THIRD PARTY. IN NO EVENT SHALL THE TOTAL CUMULATIVE LIABILITY OF LICENSOR FOR ANY DAMAGES ARISING FROM THIS AGREEMENT EXCEED $100.

THE DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT. YOU ACKNOWLEDGE THAT BUT FOR THE DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY, WHISKER LABS WOULD NOT GRANT THE RIGHTS IN THIS AGREEMENT.

Some states and jurisdictions may not allow the disclaimer or limitation of certain implied warranties. The foregoing will apply to the full extent permitted by applicable law.

General Exclusions and License Restrictions

  1. You are solely responsible for the following in relation to your use of the Services:
    • compatibility of the Sensor with your main breaker;
    • any subsequent changes made to your broadband internet connection or central heating or cooling system that prevent the Service from working;
    • any costs, loss or damage that you suffer as a result of not using the Service in a manner consistent with our instructions (including any user guides), or by problems caused by your central heating or cooling system or internet connection (rather than the Sensor, Hub or Service);
    • 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;
  2. The Service may be temporarily unavailable if we have to carry out routine or emergency maintenance. We will try to inform you in advance but it may not always be possible to do so.
  3. The Service is not infallible. We endeavor to make the Service accurate, thorough and timely, but we cannot and do not guarantee that we will recognize all conditions or properly diagnose all faults. The measurement of energy is a noisy undertaking and we cannot guarantee that we will always deduce the signal in the noise.
  4. You may not do, and will not permit or authorize third parties to do, any of the following except as expressly permitted in this Agreement:
    • aggregate control of Sensors or Services or of data from end-users of the Service across multiple households;
    • implement any functionality that interferes with the core functionality of the Sensor or Service;
    • utilize the Service to create an application that provides emergency response, notification services, life-safety or other critical use services;
    • distribute, lease, rent, grant a security interest in, assign, or otherwise transfer the Sensor or Service;
    • create an application with substantially similar functionality as the Sensor or Service and offer it for use to or by any third parties;
    • use the Sensor, Hub or Service to send any viruses, Trojan horses, worms, time bombs or other computer programming routines that may (or are intended to) damage, interfere with or expropriate any system or data;
    • (a) disassemble or reverse engineer the Sensor, Hub or any element of the Service provided hereunder or (b) circumvent or disable any technological or anti-tampering features or measures in the Sensor, Hub or Service.
  5. Title and Intellectual Property

    The Whisker Energy Sensor and Whisker Home Service and/or methods used in association with the Service may be covered by one or more U.S. and international patents or pending patent applications. All right, title, and interest (including all intellectual property rights) in, to and under the Sensor, Hub and Services, and any data or additional services provided (including all copies thereof) shall remain with Whisker Labs.

    Changes to the Services and Terms

    We may change the Sensor, Hub or Service to reflect changes in relevant laws and regulatory requirements, and/or to implement technical improvements. In addition, we may make other changes to the Services and these Terms or to our Privacy Policy. If we do, we will contact you at the email address on file for you to let you know at least 30 days prior to the effective date of such changes.

    Installation

    Go to http://whiskerlabs.com/install and follow the instructions to install the Sensor and Hub in minutes without an electrician or any electrical work

    FCC Compliance Notice

    Our devices comply with Part 15 of the U.S. Federal Communications Commission (FCC) Rules. Operation is subject to the following two conditions:

    • these devices may not cause harmful interference; and
    • these devices must accept any interference received, including interference that may cause undesired operation. This equipment has been tested and found to comply with the limits for a Class B digital device, pursuant to part 15 of the FCC Rules.

    Warning

    When connecting the power supply to an outdoor receptacle:

    1. WARNING: Risk of Electric Shock. Install only to a covered Class A GFCI receptacle that has an enclosure that is weatherproof with the attachment plug cap inserted or removed.
    2. WARNING: Not for use with receptacles that are weatherproof only when the receptacle is covered (attachment plug cap not inserted and receptacle cover closed).

    Certified by Underwriter’s Laboratory (UL). Conforms to UL 60950-1 UL 60950-22 FCC ID: A3LSIP005AFS30