This Participation Agreement (“Agreement”) contains the terms and conditions regarding your participation in the smart home sensor program described in this Agreement (the “Program”) being conducted by Phyn, LLC (“Phyn”).
By clicking “Sign Up”, 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.
- Eligibility. Only eligible people can participate in the Program. To be eligible to participate in the Program you must (i) be a current policyholder of Vyrd Insurance Company, Inc. or one of its affiliates (collectively, “Company”) in good standing, (ii) meet the Program eligibility criteria established by Company and provided to you, and (iii) be at least 18 years old or the age of majority in your state of residence. Phyn reserves the right to determine whether or not you qualify as an eligible participant in the Program. You agree you are eligible to participate in the Program.
- Program Description and Participation. During the Program, Phyn will make available Phyn Starter Kits consisting of 5 Phyn sensors, which will be shipped by Phyn’s fulfillment center directly to your mailing address on record with Company (each, a “Starter Kit”). The Starter Kits are available on a first come, first serve basis, and are limited to one Starter Kit per household. Any other offers, discounts or credits are not applicable to this offer. Company may, at its sole discretion, offer a premium discount on the homeowners insurance policy associated with the eligible participant in the Program.
- Privacy and Data Sharing. By checking the box, “I consent to VYRD’s Smart Home Monitoring System Participation Agreement” and participating in the Program, you direct Phyn to intentionally disclose data and information (including personal information) collected through the Starter Kit (“Sensor Data”) with Company. Your participation in the Program is entirely voluntary and you are under no obligation to purchase a Starter Kit or participate in the Program. If you do not check the box “I consent to VYRD’s Smart Home Monitoring System participation Agreement” , you may not participate in the Program. The Starter Kit is designed to transfer certain data and information, including Sensor Data, to Phyn. Your use of the Starter Kit is subject to Phyn’s Privacy Policy https://www.phyn.com/privacy-policy/. Phyn will share Sensor Data with Company as set forth in this Agreement. You expressly agree that Phyn can share the Sensor Data with Company. Company may use and share the Sensor Data in accordance with Company’s Online Privacy Policy, located at https://www.vyrd.co/privacy- policy/, which may include Company sharing the Sensor Data with its parents, subsidiaries, affiliates, successors, and its and their assignees.
- Calls. By checking the box, “I consent to VYRD’s Smart Home Monitoring System Participation Agreement” and participating in the Program, you agree that Phyn (or third parties acting on Phyn’s behalf) may call you at any telephone number you provide to Phyn for any purpose related to your Starter Kit, the Program, or your account with Phyn, including to help set up your Starter Kit. You are also consenting to receive automated phone calls and text messages from Vyrd and Phyn regarding their products and services, at my phone number that I’ve provided to Vyrd. These calls and messages may be initiated by third parties acting on Vyrd’s or Phyn’s behalf. You understand that these calls may be autodialed, and that if you provide a cell phone number, standard carrier charges may apply. If you do not wish to receive these calls, you may email Phyn at info@phyn.com, and include a withdrawal of your consent in that email.
- Emails. By checking the box, “I consent to VYRD’s Smart Home Monitoring System Participation Agreement” and participating in the Program, you agree to receive transactional and marketing email communications from Phyn (or third parties acting on Phyn’s behalf), including about your Starter Kit, the Program, and your account with Phyn, including to help set up your Starter Kit. If you do not wish to receive marketing emails from Phyn, you may follow the unsubscribe instructions in the email. Your request will be processes as soon as it is reasonably practical, and you will not receive promotional emails from Phyn again unless you voluntarily request another free or paid Program. Please note that Phyn may still send you administrative and transactional messages about the Program.
- Your Obligations. You agree to install the Starter Kit within your property that is insured by Company, and in accordance with Phyn’s standard installation instructions. You are responsible for providing the internet connection necessary for the Starter Kit to operate and for all other costs associated with your use of the Starter Kit (such as utilities, mobile data charges, and electric costs). You may not use the Starter Kit in violation of any applicable laws.
- Terms of Service. Using the Starter Kit requires you to download the Phyn mobile application (“Phyn App”). To use the Starter Kit and Phyn App, you are required to agree to Phyn’s Terms of Service (https://www.phyn.com/terms/) provision. If Phyn’s Terms of Service conflicts with this Agreement, then the terms of this Agreement will control.
- Termination. The Program (including your participation in the Program) may be terminated by Phyn at any time and for any reason. In addition, Phyn may at any time stop accepting new participants in the Program for any reason. You may terminate your participation in the Program at any time for any reason. If you terminate your participation in the Program, upon renewal of your insurance policy with Company, any premium discount associated with the Program will be removed as of such policy renewal date.
- Feedback. You agree that the Company may from time to time request your feedback on the Program, Starter Kits, and other matters related to your home and insurance. You agree that Company may collect such feedback through questionnaires, surveys, and other lawful means.
- Limitation of Liability. You acknowledge and agree that Company is not responsible for the Program or the Starter Kits, and they undertake no obligation to monitor or alert you to any information collected by the Starter Kits or any feedback received as outlined in this Agreement. You understand and agree that your mobile network, your WiFi network, the Starter Kits, and the Phyn App are not error-free and may be interrupted, delayed, or otherwise limited due to various service issues (such as weak batteries, environmental conditions, network disruptions, roaming service limitations). AS A RESULT OF SERVICE ISSUES, THE STARTER KIT INSTALLED AT YOUR PROPERTY MAY NOT BE FULLY OPERATIONAL AND ALERTS MAY NOT BE TIMELY OR PROPERLY COMMUNICATED TO YOU. COMPANY WILL NOT BE RESPONSIBLE OR LIABLE FOR SERVICE ISSUES. You agree that Company will not have any liability arising out of or in any way related to this Agreement, the Program, the Phyn App, or the Starter Kits. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL COMPANY BE LIABLE UNDER ANY CIRCUMSTANCES TO YOU FOR SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR LOSSES, INCLUDING LOST PROFITS, LOSS OF BUSINESS OPPORTUNITY OR OTHER SIMILAR DAMAGES RESULTING FROM OR ARISING OUT OF THIS AGREEMENT, BY STATUTE, IN TORT OR CONTRACT, UNDER ANY INDEMNITY PROVISION, OR OTHERWISE (EXCEPT WITH RESPECT TO INDEMNITY OBLIGATIONS FOR THIRD-PARTY CLAIMS AND LOSSES). IF YOU ARE DISSATISFIED WITH THE PROGRAM, THE STARTER KIT, THE PHYN APP, OR WITH ANY PROVISION OF THIS AGREEMENT, AS YOUR SOLE AND EXCLUSIVE REMEDY, YOU MAY DISCONTINUE YOUR PARTICIPATION IN THE PROGRAM.
- Disclaimers. COMPANY DOES NOT MAKE, AND EXPRESSLY DISCLAIMS ANY WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, OR DEFECT IN CONNECTION WITH THE PROGRAM, THE PHYN APP, OR ANY STARTER KIT. COMPANY CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE PROGRAM, THE PHYN APP, OR ANY STARTER KIT IS FREE OF VIRUSES, MALWARE, DEFECTIVE SOFTWARE, OR OTHER HARMFUL COMPONENTS. YOU ARE CAUTIONED TO USE THE STARTER KIT AND THE PHYN APP AT YOUR OWN RISK. COMPANY DOES NOT REPRESENT OR WARRANT THAT YOUR PARTICIPATION IN THE PROGRAM, USE OF THE STARTER KIT, OR USE OF THE PHYN APP WILL PREVENT LOSS, DAMAGE, INJURY, DEATH, OR OTHER HARMUL EVENTS TO PERSON OR PROPERTY.
- General Provisions. This is a legally binding agreement between the parties. You agree that Company is a third- party beneficiary of this Agreement and is entitled to enforce its provisions against you. This Agreement shall be construed in accordance with the laws of the State of Delaware without giving effect to the conflicts of laws principles thereof. This Agreement is the entire agreement of the parties with respect to the Program. You agree that this Agreement in no way changes, modifies, or amends the terms and conditions of your insurance policy with Company, and any claim for benefits under your insurance policy will be evaluated and adjusted pursuant to its terms and conditions and applicable law.