Whisker Ting™ Sensor Service Evaluation End User License Agreement

WARNING:  THE WHISKER TING SERVICES IS INTENDED TO DETECT MICRO-ARCS AND ANOMALIES IN A RESIDENTIAL ELECTRICAL CIRCUIT THAT MAY PRESENT A FIRE HAZARD.  ELECTRICITY IS A COMPLEX PHENOMENON AND THE TING SERVICE CANNOT DETECT ALL POTENTIAL ELECTRICAL FIRE HAZARDS.  NO GUARANTEE IS MADE THAT THE SERVICE WILL WARN AGAINST ALL POTENTIAL HAZARDS POSED BY ELECTRICAL SYSTEMS. THE SERVICE WILL NOT SHUT OFF POWER TO YOUR ELECTRICAL SYSTEM, NOR WILL IT ALERT YOU IF THERE IS A 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.  THERE WILL NOT BE AN AUDITORY OR VISUAL ALERT 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: EMAIL, APP NOTIFICATION, PHONE CALL, TEXT MESSAGE.

Last updated: November 9th, 2018

Welcome to the Ting

PLEASE CAREFULLY READ THIS AGREEMENT WHICH 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.

The Ting Sensor Service is not a sale of goods, but rather is a license to a service which includes hardware goods (the “Ting”, comprised of a sensor and an app, and in some cases a Fire Proxy Device), and resultant services (the “Services”). The Services require Ting to be installed in order to function. All right, title, and interest (including all intellectual property rights) in, and to the Services, hardware (including Ting and in some cases a Fire Proxy Device), 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://www.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 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, then 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 300, Germantown, MD 20876

You may contact us by email at help@whiskerlabs.com

Services Description

The Whisker Ting Sensor and Service

  • Measures electromagnetic data from the home’s electrical network to look for arcs and sparks occurring in any part of the circuitry.
  • Detects potential electrical fire hazards by monitoring the home’s electrical network for precursors for electrical fires, micro-arcs and sparks that develop over time in cords, wires or faulty devices.
  • Discerns the power quality measurements in 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.

Data Collection and Use

The Sensor collects information about your home’s electrical use and condition and sends that data to us.  The Service processes and evaluates that data and uses it to send notifications to you and to improve the performance of the Service. You agree that we may collect and use such data as part of the Service. In addition, we may collect personally identifiable information (“PII”) as part of the registration process.  To the extent that we collect PII we agree to treat your PII and secure such information in compliance with our Privacy Policy http://www.whiskerlabs.com/privacy. Subject to our Privacy Policy (where applicable), 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 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 Ting sensor data (collectively “Derived Data”). All right, title and interest in and to Derived Data will be owned by us.

Grant of License

Subject to the terms and conditions of this Agreement, we grant you a non-exclusive, nontransferable license to use the Sensor and Service (including any related documentation and materials) and any data or services provided. You acknowledge that the Sensor and 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 at no cost to you, the Ting (“Materials”). 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 Sensor or Service, (d) implement any functionality that interferes with the core functionality of the Sensor or 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 Materials (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.
    1. 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.
    1. DISCLAIMER OF WARRANTIES. THE MATERIALS ARE INTENDED TO DETECT ELECTRICAL ANOMALIES THAT MAY PRESENT A FIRE HAZARD BUT CANNOT DETECT ALL POTENTIAL ELECTRICAL FIRE HAZARDS. NO GUARANTEE IS MADE THAT THE MATERIALS WILL WARN AGAINST ALL POTENTIAL HAZARDS POSED BY ELECTRICAL SYSTEMS. THE MATERIALS SHOULD BE USED WITH PRUDENCE AND APPROPRIATE CAUTION. THE 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.  WL MAKES NO REPRESENTATION THAT USE OF THE MATERIALS WILL NOT INFRINGE THE PATENT OR PROPRIETARY RIGHTS OF ANY THIRD PARTY.
    1. You are solely responsible for the following in relation to your use of the Services:
      1. any subsequent changes made to your broadband internet connection that prevent the Service from working;
      2. 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);
      3. any cost, loss or damage that you suffer related to your loss of broadband internet connection that prevent the Service from working;
      4. 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 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 hazardous conditions or properly diagnose all faults. If we notify you of a potential fire hazard, it is your responsibility to engage with a properly licensed professional to diagnose and remediate the issue.
    1. 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 or retrieve the Materials.  Sections 4, 5, 6, and 7 shall survive expiration of this Agreement.
    1. 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 directly resulting from WL’s gross negligence or willful misconduct.  WL agrees to cooperate fully as necessary or as requested by you to defend against any such action, provided that you shall reimburse WL promptly for any costs and expenses incurred by WL in connection with providing such assistance.
    1. We may change the Ting Sensor 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 Service 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
    1. 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.

Certified by Underwriter’s Laboratory (UL). Conforms to UL 61010-1, Contains FCC ID:2AQNW-TINGM1