skip to main content

SENSOR PROGRAM PARTICIPANT AGREEMENT

This Sensor Program Participant Agreement (“Agreement”), effective as of the date electronically signed, contains the terms and conditions regarding your (“You” or “Your”) participation in the Chubb Water Leak Sensor Program (the “Program”) being conducted by Chubb INA Holdings Inc. (“Chubb”) and The Hartford Steam Boiler Inspection and Insurance Company (“HSB”). By signing below, You acknowledge and agree that that You have carefully read, understood, and agree to be bound by all of the terms and conditions of this Agreement.

      1. General. As a participant in the Program and subject to the terms of this Agreement, You will be provided with a certain number of Leak/Freeze Sensors or other equipment (“Equipment”) described below, remote monitoring services and web portal access (including a mobile app). The Equipment may need an internet connection to operate (if cellular Equipment is not installed or if a sufficient cellular signal is not available at Your location), and providing such internet connectivity is Your responsibility. In the event the Equipment senses certain conditions (e.g., significant interior temperature drops) at Your location during the Program, HSB will alert You and Chubb. Taking any action, including any preventative action, is Your responsibility.

      2. Equipment.   As a participant in the Program and subject to the terms of this Agreement You will be provided with a limited, non-transferable, non-exclusive right (without the right to sub-license) to possess and use HSB-owned Equipment from the date such Equipment is shipped to you through August 31, 2021 (“Program End Date”)

        1. Title to and ownership of the Equipment will at all times remain with HSB. You will not have any right, title or interest in or to the Equipment. During the Term, You will have the right to use the Equipment in a reasonable manner as contemplated by this Agreement. You will, at Your own cost and expense, keep the Equipment free and clear from any liens or encumbrances of any kind and will indemnify and hold HSB harmless from and against any loss or expense caused by Your failure to do so..

        2. You (i) shall not (and shall not permit any other person or entity to) reverse engineer, tamper with, modify, alter or destroy in any way any Equipment, or any label thereon, without the prior written consent of Chubb or HSB, or use the Equipment in any way that violates this Agreement or any applicable laws or regulations; (ii) shall not remove the Equipment from the premises at the  address or addresses provided to Chubb at the time of Your enrollment in the Program without Chubb’s or HSB’s prior consent; (iii) shall not affix or install any accessory, addition, upgrade,  equipment or device to the Equipment, or sell, lease, abandon, or give away the Equipment, or permit any other service provider or third party to use or service the Equipment, unless  expressly approved in advance in writing by HSB; (iv) will, at Your own cost and expense, keep the Equipment in good repair, appearance and condition, subject to normal wear and tear; and (v) will be liable for the costs of repair or replacement of Equipment if damaged or lost due to theft, negligence, intentional acts, unauthorized uses or acts or other causes within Your reasonable control. Use of the Equipment, including without limitation for transmission, communications or storage of any information, data or material, in violation of any U.S. federal, state or local regulation or law is prohibited.

        3. In the event of any mechanical or service failure of HSB-owned Equipment under conditions of normal use and service, HSB will repair or replace such Equipment at no cost to You, unless such failure arises in whole or in part due to accident, abuse, misuse, neglect, improper installation by someone other than HSB (or someone acting on HSB’s behalf), abnormal environmental conditions, use contrary to any instructions issued by HSB, improper storage or handling of the Equipment occurring after delivery, modifications made by or on behalf of You unless made by HSB, unauthorized service work, failure to follow instruction or operating manuals, and/or the use of unauthorized parts, sensors or equipment (collectively, “Non-Covered Events”). If such mechanical or service failure cannot be resolved within thirty (30) days after You have notified HSB or the repair or replacement is not feasible for any reason, HSB may, in its sole and exclusive discretion, terminate this Agreement (or the applicable portion thereof) upon notice to You. WITHOUT LIMITING ANY OTHER PROVISION OF THE AGREEMENT, YOUR SOLE REMEDY, AND HSB’S ENTIRE LIABILITY, FOR ANY MECHANICAL OR SERVICE FAILURE WITH RESPECT TO THE EQUIPMENT ARE THE REMEDIES OF REPLACEMENT, TERMINATION AND REFUND SET FORTH IN THIS SECTION. If HSB-owned Equipment is damaged or destroyed in whole or in part by You or third parties or due to a Non-Covered Event, such damage or destruction will be considered a material breach of this Agreement and, without limiting any other provision of this Agreement or right of HSB, HSB has no responsibility to repair or replace such Equipment. This paragraph does not cover consumable parts, including batteries, unless damage is due to defects in materials or workmanship of the Equipment.

        4. You agree to allow HSB and its agents to enter Your property at which the Equipment is located upon reasonable advance written notice and at reasonable times for purposes of configuring, maintaining, inspecting, upgrading, replacing and/or removing the Equipment. If You are not the owner of such property, You are responsible for obtaining any necessary approval from the owner of the property to allow HSB and its agents into the property when needed.

        5. HSB may upgrade or change the Equipment at its discretion at any time upon reasonable advance written notice, so long as the upgrade or change does not materially limit functionality (it being understood that upgrades or changes may interrupt services).

        6. YOU UNDERSTAND THAT THE EQUIPMENT AND SERVICES PROVIDED ARE NOT AN EMERGENCY NOTIFICATION SYSTEM. FURTHER, YOU UNDERSTAND THAT UNDER NO CIRCUMSTANCES WILL CHUBB OR HSB DISPATCH EMERGENCY SERVICES TO YOUR PREMISES IN THE EVENT OF AN EMERGENCY. YOU AGREE THAT YOU WILL NOT RELY ON THE EQUIPMENT OR ANY ANCILLARY SERVICES FOR ANY LIFE SAFETY OR CRITICAL PURPOSES. ANY ALERTS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. NEITHER CHUBB NOR HSB SHALL HAVE ANY LIABILITY FOR THE ACTION OR INACTION OF  THE  INDIVIDUAL(S) RECEIVING ALERTS HEREUNDER.
           

      3. Installation. Chubb will assist You with installing the Equipment, as may be requested by You either “virtually” or in person at Your location(s). HSB will provide You with an installation guide (via hard copy or weblink) necessary for You to carry out the installation process successfully. Post- installation support will also be provided by the HSB Monitoring and Support Center at (844) 468-1866.

      4. Portal Access. During Your participation in the Program, You will be provided with access to a web portal and mobile app (the “Portal”) allowing You to remotely monitor sensor data collected by the Equipment at Your location (the “Sensor Data”). The Portal will be provided by Meshify, Inc., an affiliate of HSB, and prior to accessing the Portal, You will need to acknowledge Meshify, Inc.’s standard terms of use and privacy policy. In the event of any conflict between the terms of this Agreement and the Portal terms of use and privacy policy, the terms of this Agreement shall control. To properly manage the Program, each of HSB and Chubb needs to monitor Your Portal and assess the data collected from You via the Portal and any Program website, web application, mobile application, or similar electronic/web site or application, including, without limitation, any name, address, email address and cell phone number (“Account Data”), data collected by the Equipment (“Sensor Data”) and metadata (i.e., the data that provides context and/or additional information about the data, including Sensor Data) (collectively, the “Data”). Data may be in an “identified form” (i.e., certain identifying information about You will be included in the Data) or in a “de-identified form” (i.e., any identifying information is removed from the Data). By signing below, You give permission to Meshify, Inc. to provide HSB and Chubb with (i) access to Your Portal and (ii) the Data collected by the Equipment at Your location, and consent to the following:

        1. HSB may use all of the Data collected during the Program: (A) in an identified form for purposes of providing the remote monitoring services, carrying out the Program, including sharing such Data in an identified form with third party service providers who need to use such Data in connection with the operation of the Program, and as legally required (e.g., to respond to legal process or comply with applicable law); and (B) in a de- identified form for its business purposes, including sharing such Data in a de-identified form with third parties in connection with such business purposes.

        2. Chubb (and its affiliates) may use all of the Data collected during the Program in an identified or de-identified form for purposes of carrying out the Program and providing loss control and mitigation services, inspections and insurance underwriting, including sharing such Data in an identified or de-identified form with third parties who need to use such Data in connection with the foregoing purposes, and as legally required (e.g., to respond to legal process or comply with applicable law).

          In the event either Chubb (and its affiliates) or HSB desires to use or share the Data in a manner not contemplated above, such party shall obtain Your prior written consent to do so.

      5. Participation. The Program will commence upon Your installation of the Equipment and will automatically expire on the Program End Date, unless extended by Chubb and HSB. The Program (including any Portal access) may be terminated earlier by written notice to You (a) if You cease to be an insured of Chubb, (b) You do not comply with the terms of this Agreement, or (c) if Chubb or HSB determines that the continuation of the Program is impossible or impractical for any reason.

      6. Opt-Out.  You may opt out of the Program at any time by calling the HSB Monitoring and Support Center at (844) 468-1866 and advising of your decision to opt out of the Program. If the Equipment has never been activated, a shipping label will be sent to You so that You may return all Equipment. You will not be required to return the Equipment if it was activated prior to Your decision to opt out.

      7. Costs.  You are responsible for Your standard electrical, battery and internet costs necessary for the Equipment to operate. At the end of the Program You will have the option in Your discretion of continuing to receive remote monitoring services from HSB for a monthly fee subject to separate terms and conditions; at such time, you will receive an electronic communication from Chubb with detailed instructions.

      8. Feedback. Your opinion and feedback are critical to the assessment of the Program, so Chubb and HSB may from time to time ask you to provide responses to basic questionnaires or surveys.

      9. Liability. Neither Chubb nor HSB (nor any of their employees, agents, contractors, or affiliates) (i) make any representations or guarantees regarding the Program, including without limitation the success of the Program, prevention of any losses or occurrences, or any savings, the Equipment, the portal, third party installers (if applicable), quality, safety, performance, or any other aspects of the Program or the Equipment; or (ii) guarantee that the Equipment will be satisfactory to You, or that the operation of the Equipment will be uninterrupted or error free. Chubb and HSB expressly disclaim any such liabilities, representations and guarantees. NEITHER CHUBB NOR HSB WILL HAVE ANY LIABILITY ARISING OUT OF OR IN ANY WAY RELATED TO YOUR PARTICIPATION IN THE PROGRAM, INCLUDING THE INSTALLATION, OR YOUR USE OF, THE EQUIPMENT, EXCEPT TO THE EXTENT OF ANY LIABILITY AS CONTEMPLATED UNDER ANY APPLICABLE CHUBB INSURANCE POLICY. TO THE FULLEST EXTENT PERMITTED BY LAW NEITHER CHUBB NOR HSB WILL BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDING, NOT LIMITED TO, LOSS OF PROFITS OR REVENUE; LOSS OF USE; LOSS OF OPPORTUNITY; LOSS OF GOOD WILL; COST OF SUBSTITUTE FACILITIES, GOODS OR SERVICES; COST OF CAPITAL; GOVERNMENTAL AND REGULATORY SANCTIONS; AND CLAIMS OF THIRD PARTIES FOR SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CHUBB AND HSB EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND RELATED TO THE EQUIPMENT OR ANY ASPECT OF THE PROGRAM, WHETHER STATUTORY, ORAL, WRITTEN, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

      10. Cellular. YOU UNDERSTAND AND AGREE THAT YOU HAVE NO CONTRACTUAL RELATIONSHIP WITH THE UNDERLYING WIRELESS SERVICE PROVIDER OR ITS AFFILIATES OR CONTRACTORS AND THAT YOU ARE NOT A THIRD PARTY BENEFICIARY OF ANY AGREEMENT BETWEEN CHUBB, HSB, AND THE UNDERLYING CARRIER. YOU ACKNOWLEDGE AND AGREE THAT THE UNDERLYING CARRIER AND ITS AFFILIATES AND CONTRACTORS WILL HAVE NO LEGAL, EQUITABLE, OR OTHER LIABILITY OF ANY KIND TO YOU AND YOU HEREBY WAIVE ANY AND ALL CLAIMS OR DEMANDS THEREFOR.

      11. Miscellaneous. This is a legally binding Agreement that supersedes any proposal, prior agreement or understanding, oral or written, and any other communication among You, Chubb or HSB relating to the Program. No act, document, usage or custom will be deemed to modify or amend this Agreement in any way. Connecticut law will govern this Agreement and the transactions it contemplates, without reference to rules regarding conflicts of law.