Last updated: February 1, 2021
Welcome to Ting
PLEASE READ CAREFULLY. THIS AGREEMENT CONTAINS THE TERMS AND CONDITIONS UNDER WHICH YOU ARE ACQUIRING A LICENSE. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THIS LICENSE, 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 HAVE ACCEPTED AND AGREED TO THESE TERMS AND CONDITIONS.
Ting (“Ting” or the “Service”) is designed to monitor the electrical network of a residential home, condominium, apartment, or small business that is served by standard U.S. split-phase power via a primary main breaker panel, with a single 120-volt service leg or two separate (split) service legs of 120 volts each (hereinafter referred to as “Home”). Commercial structures with 3-phase power or apartments, condominiums with 3-phase primary power are not compatible with the Service.
Ting is not a sale of goods, but rather is a license to a service that includes a physical sensor, a mobile application, and a set of analytics and notification services (collectively, the “Service”). The Service requires the Ting sensor to be installed, powered, and connected to the Internet in order to function. All right, title, and interest (including all intellectual property rights) in, and to the Service, sensor hardware, and any data or services provided (including all copies thereof) shall remain with Whisker Labs.
Unless acquired through a program, as more fully described below, the Service fee includes a one-time activation fee and a recurring subscription fee. A subscription fee may be due every year on the anniversary of Your service activation, or it may be a multi-year subscription, depending on the package You selected at the time of activation. IN SOME CASES, SERVICE FEES MAY BE PAID, IN WHOLE OR IN PART, BY A THIRD PARTY AS PART OF A PROGRAM (E.G., YOUR INSURANCE COMPANY). UNDER NO CIRCUMSTANCE WILL YOU BE CHARGED AN ACTIVATION FEE OR SUBSCRIPTION FEE WITHOUT ADEQUATE PRIOR NOTICE AND OPPORTUNITY TO CONSENT. To cancel Your subscription, contact the Ting partner (insurance or home service contractor, or other) who provided You Ting, or contact Whisker Labs at firstname.lastname@example.org.
By installing Ting 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, You may not use the Services, and You must return any hardware within 30 days of its delivery by contacting us via the e-mail address 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 325, Germantown, MD 20876.
You may contact us by e-mail at email@example.com.
- Measures electromagnetic signals from the Home’s electrical network to detect the pre-cursors to potential electrical fire hazards, which are micro-arcs and sparks that develop over time in cords, wires, or faulty devices.
- Measures the power quality delivered to the Home and monitors for abnormalities to inform customers of fluctuations in power quality, such as changes in voltage or line frequency, which can cause damage to devices and appliances.
- Identifies electromagnetic signals on the Home’s electrical network generated by certain devices and appliances, such as the HVAC, to provide performance diagnostics and/or fault prediction.
- Analyzes the signal data to determine potential problems with the electrical grid “upstream” from the Home, such as transformer malfunctions, loose connections, or other utility grid faults that could: (1) serve as ignition sources for electrical fires in the Home, (2) present electrical shock hazards, (3) damage home wiring, appliances, electronics and devices, and (4) serve as ignition sources for wildfires.
If a potential electrical fire hazard is detected, we will contact You via app notification, text, e-mail, and/or telephone as soon as is practicable after we determine that the electrical signal may pose a hazard. We may ask for Your assistance to help isolate the signal within Your Home, to help us with diagnosis, to help us determine whether a licensed electrician should be consulted, and we may ask that You contact Your electrical utility to notify the utility company of a potential dangerous grid fault. You agree to provide such assistance as reasonably may be needed in this regard, but only to the extent that You are comfortable providing requested assistance and expressly agree to do so.
Upon being notified of a Ting-identified potential hazard, You agree to respond and implement instructions provided by us, which may include, but not be limited to, (i) ceasing use of a faulty device or circuit, (ii) allowing us to schedule an authorized contractor to visit Your Home to mitigate the hazard, or (iii) You contacting Your utility to inform them of the hazard. NOT ALL ELECTRICAL FIRE HAZARDS REQUIRE AN ELECTRICIAN TO CORRECT A HAZARD CONDITION. IN NO EVENT WILL WE DISPATCH AN AUTHORIZED CONTRACTOR WITHOUT YOUR WRITTEN OR VERBAL CONSENT.
YOUR FAILURE TO IMPLEMENT OUR INSTRUCTIONS COULD RESULT IN A FIRE, ELECTRIC SHOCK, INJURY, DEATH OR SEVERE DAMAGE TO, OR LOSS OF YOUR HOME. WHISKER LABS SHALL BEAR NO RESPONSIBILITY FOR ANY DAMAGES RESULTING FROM YOUR FAILURE TO IMPLEMENT OUR INSTRUCTIONS.
The Service requires the following: (i) an account; (ii) a supported mobile device to install the Sensor, such as a smartphone or tablet; (iii) a working Wi-Fi network in Your Home that is configured to support secure and reliable internet access for the Sensor; and (iv) always-on broadband Internet service. It is Your responsibility to ensure that You have all required system elements and that they are compatible and properly configured. You acknowledge that the Service may not work as described when these requirements have not been met.
The Ting Sensor and Your Home
The Ting service is designed to detect the presence of electrical fire hazards on the electrical distribution system directly connected to the main breaker panel that supplies power to the Ting sensor. Most homes have one main breaker panel, so only one Ting sensor is required for full home coverage.
IF YOUR HOME HAS MORE THAN ONE MAIN BREAKER PANEL (I.E., THE PANEL HAS ITS OWN DIRECT ELECTRICITY FEED FROM YOUR ELECTRIC METER OR THE UTILITY), THEN YOUR HOME WILL REQUIRE MORE THAN ONE TING. ONE TING IS REQUIRED FOR EACH MAIN BREAKER PANEL. IF YOU HAVE MORE THAN ONE MAIN BREAKER PANEL, A SINGLE TING SENSOR WILL NOT DETECT THE PRESENCE OF ELECTRICAL FIRE HAZARDS ON BOTH PANELS.
If Your Home has a sub-panel connected to a main breaker panel (i.e., a panel fed by a main breaker panel and not directly from Your electric meter or the utility), one Ting sensor will cover the electrical network of the main breaker panel and sub-panel if the sub-panel is installed in the same physical structure. If Your Home has a sub-panel installed in a detached or remote structure separate from where the main breaker panel is located, a second Ting sensor will be required.
REFER TO TING SENSOR SCENARIOS (tingfire.com/help/ting-sensor-scenarios) FOR ADDITIONAL DETAILS. IT IS YOUR RESPONSIBILITY TO DETERMINE IF MORE THAN ONE TING IS REQUIRED FOR YOUR HOME.
DATA COLLECTION AND PERMISSION FROM YOU
GRANT OF LICENSE
Subject to the terms and conditions of this Agreement, we grant you a non-exclusive, non-transferable license to use the Service (including any related documentation and materials) and any data or services provided. You acknowledge that the Service contains 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.
1. Whisker Labs (WL) will provide the End-User (“You” or “Your”) with the Ting sensor and other materials to enable the Service. Such materials, including all hardware together with any derivatives, replications, modifications, or improvements thereof, are referred to herein as the “Materials.” WL may also provide You with certain confidential information, including but not limited to (a) software incorporated within the Materials, (b) software provided to You on a stand-alone basis for use with the equipment, and (c) documentation provided with the Materials. Unless otherwise agreed in writing by WL, You will not, and will not permit or authorize third parties to (a) disassemble or reverse engineer any of the Materials or software provided to You hereunder or (b) circumvent or disable any technological or anti-tampering features or measures in the Materials (c) distribute, lease, rent, grant a security interest in, assign, or otherwise transfer the Ting Service, (d) implement any functionality that interferes with the core functionality of the Service, (e) utilize the Service to create an application that provides emergency response, notification services, life-safety or other critical use services, and (f) create an application with substantially similar functionality as the Sensor or Service and offer it for use to or by any third parties.
You agree that WL may contact You to request suggestions, comments, or other feedback regarding the Service (collectively, “Feedback”). You agree WL may freely use, disclose, reproduce, license, distribute and otherwise commercialize the Feedback in any product, technology, service, specification, or other documentation of WL or its affiliates.
2. RESERVATION OF RIGHTS. All rights, title, and interest in and to the Materials shall be owned solely and exclusively by WL You acknowledge that the Materials are or may be covered by patents and/or patent applications. Except as provided in this Agreement, no express or implied licenses or other rights are provided to You under any patents, patent applications, or other intellectual property rights of WL Nothing in this Agreement shall be construed to restrict WL’s right to make, use or license the Materials to distribute the Materials to other commercial and noncommercial entities. The provision of the Materials to You in no way prevents or restricts WL’s right to publish any document relating to the Materials. In addition, this Agreement does not create, and shall under no circumstances be construed or interpreted as creating, an obligation on the part of WL to grant any license under any patent, trade secret, or other intellectual property right to you.
3. DISCLAIMER OF WARRANTIES.
THE TING SERVICE IS INTENDED TO DETECT FAULTS, MICRO-ARCS, AND OTHER ANOMALIES IN RESIDENTIAL ELECTRICAL CIRCUITS AND IN ELECTRICITY DELIVERED TO THE HOME FROM THE ELECTRICAL UTILITY GRID THAT MAY PRESENT ELECTRICAL FIRE HAZARDS, ELECTRICAL SHOCK HAZARDS, AND COULD POTENTIALLY DAMAGE APPLIANCES, ELECTRONICS, AND DEVICES IN A HOME. ELECTRICITY IS A COMPLEX PHENOMENON, AND ELECTRICAL CIRCUITRY AND THE UTILITY ELECTRICAL GRID ARE COMPLEX, AND THE TING SERVICE CANNOT DETECT ALL POTENTIAL ELECTRICAL ANOMALIES OR FIRE HAZARDS. NO GUARANTEE IS MADE THAT THE SERVICE WILL WARN AGAINST ALL POTENTIAL ELECTRICAL FIRE HAZARDS, ELECTRICAL SHOCK HAZARDS, POOR POWER QUALITY, WHETHER INSIDE THE HOME OR ON THE UTILITY ELECTRICAL GRID. THE TING SERVICE WILL NOT, AND CANNOT, PREVENT ALL ELECTRICAL FIRES, UTILITY GRID FIRES, OR DAMAGE OR INJURY TO THE HOME, ITS OCCUPANTS, AND APPLIANCES, DEVICES, AND ELECTRONICS WITHIN THE HOME. THE SERVICE WILL NOT SHUT OFF POWER TO YOUR ELECTRICAL SYSTEM, NOR WILL IT ALERT YOU IF THERE IS AN ACTIVE FIRE.
THE DEVICE DOES NOT HAVE A BACKUP BATTERY TO SUPPLY POWER. IF THERE IS A POWER OR INTERNET OUTAGE IN YOUR HOME, THE SERVICE WILL NOT FUNCTION.
TING IS NOT EQUIPPED WITH AN AUDITORY OR VISUAL ALERT TO NOTIFY YOU IF THE TING SERVICE DETECTS A POTENTIAL HAZARD IN AN ELECTRICAL CIRCUIT. IN SUCH EVENT, YOU WILL BE NOTIFIED BY ONE OR MORE OF THE FOLLOWING METHODS: E-MAIL, APP NOTIFICATION, PHONE CALL, TEXT MESSAGE.
THE SERVICE SHOULD BE USED WITH PRUDENCE AND APPROPRIATE CAUTION. THE SERVICE AND MATERIALS ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, RELIABILITY, ACCURACY, OR FITNESS FOR A PARTICULAR PURPOSE.
4. You are solely responsible for the following in relation to Your use of the Service:
a. any subsequent changes made to Your broadband internet connection that prevent the Service from working;
b. any costs, loss, or damage that You suffer as a result of using the Service in a manner inconsistent with our instructions (including any user guides);
c. any cost, loss, or damage that You suffer related to Your loss of broadband internet connection that prevents the Service from working;
d. 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;
e. any costs associated with hazard identification and/or mitigation services in excess of any credit provided as described below;
5. SERVICE TERMS.
a. Remediation Services.
Failure to properly remediate fire hazards could result in a fire, electric shock, injury, death or severe damage to, or loss of your Home. Not all electrical fire hazards identified by the Service require a licensed electrician (“contractor”) to correct the hazard condition.
WL will only recommend on-site repair by a WL-authorized contractor (“Authorized Contractor”) when professional diagnosis, identification and/or repair (“Remediation Services”) of an electrical fire hazard is required. Unless an electrical fire hazard is known to be on the utility side of your electrical service (in which case your utility provider is responsible for repair) or identified as repairable without work by a licensed contractor (such as simply unplugging or ceasing use of a faulty device), WL will coordinate with You via Your preferred method of contact to refer Remediation Services to an Authorized Contractor as specified below. IN NO EVENT WILL AN AUTHORIZED CONTRACTOR BE SCHEDULED WITHOUT YOUR WRITTEN OR VERBAL CONSENT AND APPROVAL.
WL utilizes special remote diagnostic tools along with real-time data from Your Ting sensor during Remediation Services. Moderating the diagnostic process using this information via phone consultation with the on-site Authorized Contractor is an integral part of the Service to ensure expedient hazard identification and for accurate post-repair confirmation.
WL-Authorized Independent Contractors. WL works with a large network of licensed contractors across the United States trained in finding, diagnosing, and fixing the types of hazards that Ting identifies. Unless You explicitly request otherwise during remediation, WL-authorized independent contractors agree to execute necessary repairs only (‘qualified repairs’), and agree to not perform, provide, or otherwise solicit products or services not required to remediate the Ting-identified fire hazard. WL is not compensated for referring Remediation Services, and with the exception of administering Your service credit, WL-Authorized Independent Contractors are not compensated by WL.
Alternative to WL-Authorized Independent Contractor. WL realizes You may prefer to use Your own licensed contractor who may not already be a WL-authorized independent contractor. If WL recommends Remediation Services to repair a Ting-identified fire hazard, You have the right to use Your preferred licensed contractor. In order for Your service credit to apply, and for Your safety, You agree to WL contacting and consulting with Your preferred licensed contractor prior to any work being performed to secure verbal confirmation that:
(i) they have the necessary license to perform the work and the tools to fix the hazard,
(ii) they agree to execute necessary repairs only, to bill Whisker Labs for work that has been approved by Whisker Labs, and such work shall be billed at their usual and customary rates,
(iii) they understand WL’s conveyance of information via phone consultation while on-site is an integral part of the Service provided to You to ensure expedient hazard identification and for accurate post-repair confirmation, and agree to such phone consultation to the extent deemed necessary and reasonable by WL as part of the Service,
(iv) they agree to reasonably comply with requests for pictures or video to document the hazard and repair, and
(v) they agree to clearly document a single invoice with labor rate/cost identified
For the purpose of remediating the hazard identified by Ting, Your preferred licensed contractor will be considered an Authorized Contractor, and repair work will be considered a ‘qualified repair’, if WL reasonably determines that they understand and reasonably agree to the above.
Engagement Following Your Approval
All Authorized Contractor service calls and Remediation Services arising from the identification of an electrical fire hazard shall be performed for You pursuant to a customary work agreement or contract between You and the Authorized Contractor. WL holds no responsibility for on-site electrical fire hazard diagnosis or repair; the Authorized Contractor alone is responsible for fulfilling the Remediation Services in the work agreement. During Remediation Services and as part of the Service, WL remotely moderates diagnosis with the Authorized Contractor; however, WL does not specify or direct the means or methods by which the Authorized Contractor performs work or effects required repairs.
Upon completion of a WL-referred service call, the Authorized Contractor shall present an invoice to You identifying the work performed to remediate the hazard and reflecting the service credit up to the available credit balance. If repair/remediation exceeds the available credit balance, the Authorized Contractor shall collect directly from You for any additional charges per its contract with You. The Authorized Contractor shall bill its usual and customary rates for Remediation Services.
Emergencies. In the event WL determines, at our sole discretion, that there is an emergency situation requiring expedited Remediation Services that cannot be addressed by disabling a branch circuit or turning off or unplugging a device, WL will make every reasonable effort to expedite service and will give consideration to covered Remediation Services that would affect the habitability of the dwelling. WL will determine, at our sole discretion, which Remediation Services constitute an emergency.
Refusal to Follow WL Instructions. The Service is designed to help keep You and Your Home safe from electrical fire hazards. Where WL provides instructions or otherwise recommends Remediation Services for an electrical fire hazard identified by the Service, WL does so only after expert and professional consideration of all factors, including Your safety and security. If You decide not to follow WL instructions or remediate a hazard, You agree that Your decision may impact WL’s ability to continue the Service and reasonably monitor your Home’s electrical system, and as such, WL reserves the right to cancel Your Service in accordance with our Customer Policies (tingfire.com/help/customer-policies).
b. Your Remediation Credit.
WL will supply a total of $1,000 as a credit toward the remediation of electrical fire hazards within the Home identified by Ting during the End-User (“You” or “Your”) Term of Service subject to limitations outlined herein. This credit is per Sensor, and will carry over each service renewal period if unused or a balance remains for customers who renew annually without interruption and whose account is in good standing.
Your available service credit will be applied to labor on service calls approved by WL and arising from notification of an electrical fire hazard identified by WL, and for qualified repairs to Your Home electrical distribution system to remediate the hazard. Credit is applicable to labor (“repair services”) and incidental materials necessary for repairs by an Authorized Contractor to Your Home electrical distribution system to alleviate a detected electrical fire hazard (“qualified repairs”). For clarity, the credit does not apply to major electrical parts, components, or equipment to effect a qualified repair and cannot be applied towards (1) repairs to or replacement costs associated with devices, appliances, or systems that are connected to the Home electrical distribution system but which might be the source of the electrical fire hazard; (2) repairs for potential electrical hazards detected by Ting but which are not electrical fire hazards (e.g., ungrounded outlet or circuit); and (3) repairs to Your Home electrical distribution system for electrical fire hazards evidenced to be from pre-existing conditions that would have been reasonably apparent prior to installing Ting; (4) repairs to Your Home electrical distribution system for electrical fire hazards from gross negligence or from damage evidenced by intentional or deliberate acts.
For your available service credit to apply, Remediation Services must be approved in advance by WL and must be performed by an Authorized Contractor. WL is not responsible for, nor will the service credit apply to, expenses You may incur without WL’s express consent. WL will not reimburse You for any costs associated with unauthorized or unqualified repairs and/or work performed by unauthorized contractors or persons, nor for work required to address errors, mistakes, or omissions stemming from unauthorized repairs or work, and/or repairs or work performed by unauthorized contractors or persons.
Description of Covered Repair Services: Services are limited to labor to replace single-phase and two-phase wiring circuits and related electrical components required to deliver electricity throughout Your Home and Your attached garage, including and extending from the main electrical distribution panel to each branch circuit and corresponding wiring, junctions, and end service points. This includes standard service to replace, and/or repair connections between, components including wall, floor, ceiling, and countertop-mounted receptacles (“Electrical Outlets”); GFCI receptacles/breakers (“Ground Fault Circuit Interrupters”); AFCI receptacles/breakers (“Arc Fault Circuit Interrupters”); Wall-mounted switches; Wall-mounted dimmer switches; Building-mounted circuits, feeders, fuses or breakers up to 200 amps; main electric service panel or sub-panels off of the main electric service panel up to 200 amps; 120- to 240-volt Home electrical circuits/wiring (copper or aluminum); and electric vehicle supply equipment (EVSE) circuit and wiring.
Services/Conditions Not Covered: Anything not listed in the covered section above.
Limits. Notwithstanding anything herein to the contrary, credit coverage is excess to any valid warranty, insurance, or indemnity benefit available to You. By way of example, credit shall not apply to remediation of recently performed electrical work – whether new construction or repair of a pre-existing condition – that is otherwise covered by a service or repair warranty.
c. Additional Terms for Ting Sensor Hardware.
Hardware Replacement. The Ting Sensor (“Hardware”) is designed to conform in all material respects to the documentation and be free from defects in material or workmanship for the life of the Hardware. If, during the Ting Service period, You notify WL, in writing (or by e-mail), of any fault or defect which prevents Hardware from functioning in accordance with the documentation, WL will, at its sole option and free of charge to You, repair or replace the Hardware. The free replacement does not cover situations where Your Sensor fails to operate due to misuse, physical damage, or failure to properly install Ting in accordance with instructions. WL will not repair or replace the Hardware in the following instances: If the alleged defect arises because You (or someone acting under the Your instruction) has altered or repaired the Hardware without the prior written consent or authorization of WL; If You did not follow any or all applicable instructions for proper installation, usage, or maintenance of the Hardware; or if You have failed to notify WL of any defect where the defect should have been reasonably apparent on inspection of the Hardware.
The above represents Your sole and exclusive remedy with respect to Hardware replacement and is contingent on You providing all necessary information to assist WL in attempting to resolve the alleged fault. WL MAKES NO EXPRESS REPRESENTATIONS OR WARRANTIES REGARDING THE HARDWARE AND MAKES NO IMPLIED REPRESENTATIONS OR WARRANTIES INCLUDING, WITHOUT LIMITATION, IMPLIED REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, USAGE IN TRADE, COURSE OF CONDUCT, NON-INFRINGEMENT OR INTEGRATION. WL SHALL NOT BE RESPONSIBLE TO SUBSCRIBER OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR INDIRECT DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, REVENUES, SALES, BUSINESS, GOODWILL OR USE.
6. TERM. The term of this Agreement shall commence on the date You access the services and end upon the later of the completion of a contracted term or notice from WL Upon the expiration of this Agreement, at WL’s discretion, WL shall deactivate and/or retrieve the Materials. Sections 1 through 3, 6, and 7 shall survive the expiration of this Agreement.
7. In no event shall WL be liable for Your use of the Materials. You shall indemnify, defend and hold harmless WL and successors and assigns from and against any claim, liability, cost, expense, damage, deficiency, loss, or obligation of any kind or nature-based upon, arising out of or otherwise relating to Your use of the Materials, except to the extent resulting from WL’s negligence, infringement or claimed infringement, violation of law or of regulation or willful misconduct.
9. This Agreement constitutes the entire agreement and supersedes all prior or contemporaneous agreements, whether written or oral, among the parties hereto with respect to the subject matter hereof. This Agreement may not be amended or modified, in whole or in part, except by an agreement in writing signed by the parties hereto. Neither party may assign this Agreement, or any of its rights or obligations hereunder, without the prior written consent of the other party. This Agreement shall be construed and interpreted in accordance with the laws of the State of Delaware, without giving effect to conflict of laws provisions. Exclusive jurisdiction over and venue of any suit arising out of or relating to this Agreement will be in the Circuit Court of Montgomery County, Maryland, or the Federal District Court for the District of Maryland.
Rev. February 1, 2021