TERMS OF SERVICE

Effective August 12, 2020

Welcome to Dwellbeing. By accessing, browsing or using the Dwellbeing mobile application (the “Application”), and any related services, all users and viewers (“you” or “user”) acknowledge acceptance and agreement of these legally binding rules (the “Terms”) so read them carefully. If you do not accept the Terms, please do not use the Application. If you are a minor, please do not use the Application.

Dwellbeing is an application that requests information from users about their home and uses that information to help them proactively manage their home. The information is used to provide recommendations/notifications on how to better maintain the home.

Dwellbeing may revise these Terms at any time by any reasonable means including posting an updated version on this page. You should visit this page periodically to review the most current Terms. Any user who violates these terms may have their access to the Application immediately suspended or terminated at Dwellbeing’s discretion.

The Dwellbeing Deductible Rewards Program

Your Dwellbeing Account

Account Requirements

To access and use the Dwellbeing Rewards Program (the “Program”), you have to create an account with Dwellbeing (the “Account”) using credentials from your Liberty Mutual® or Safeco® account. Only Liberty Mutual HO-3 type policyholders and Safeco homeowner policyholders in supported states, whose policies are currently active are eligible (“Eligible Policyholder”). Upon creating an Account, we may ask you for information such as your name, email address, zip code, types of appliances in your home, etc. so we can administer and customize your experience with Dwellbeing and allow you to accrue reward credits toward your deductible. You agree not to disclose your Account information to anyone else, and you also agree you will be solely responsible for any activities or actions taken under your Account, whether or not authorized by you. Please notify us immediately of any unauthorized use of your Account. We are not liable for any loss or damage from your failure to comply with these requirements. Only one Account is permissible per eligible policy.

To create an Account and participate in the Program, you must be an eligible policyholder and you must be at least 18 years of age.

Dwellbeing may, at its sole discretion, allow users to create an account for purposes of exploring the functions within the Dwellbeing app (‘demonstration’). These users are not eligible for the Program and by use of the app explicitly waive any and all rights to accrue or redeem rewards. All other terms apply. Dwellbeing may also, at its sole discretion, discontinue this demonstration and revoke demonstration user access at any time without notification.

Guarding Your Password

You will be asked to select a User Name and Password when registering. You are responsible for maintaining the confidentiality of your User Name and Password. You are fully responsible for all activities that occur using your User Name and Password or account. This includes maintaining the security of your biometric authentication such as FaceID, Face Unlock, Fingerprint Unlock, Touch ID, and Passcode settings on your devices for all users. Dwellbeing does not have access to your biometric authentication data. Any unauthorized use of your Password, account or any breach of security must be immediately reported to Dwellbeing. Commercially reasonable steps have been taken to protect the privacy of individual users of the Dwellbeing App. Dwellbeing will not be liable for any loss that you may incur as a result of someone else using your Password or account, either with or without our knowledge. You may not use anyone else’s Password at any time.

Earning Deductible Rewards

Users can earn deductible reward credits (“Reward”) by marking home maintenance tasks as complete in their Dwellbeing App.

For every season of the year, you will be given a list of maintenance tasks to complete. Each home maintenance task has an assigned number of points that correlate to dollar-amounts for deductible reward credits. After you mark a task as complete in the Application, the associated reward takes 7 days to become active in your account.

Each season you can earn up to but no more than $25 toward your Reward by marking tasks as completed. You can earn up to $100 each year by marking tasks as completed in Dwellbeing. These Rewards continue to roll over as long as you are an eligible policyholder. There is no limit to how much reward credits you can earn, and the reward never expires as long as you are an eligible policyholder.

Redeeming Deductible Rewards

Your Reward will be applied to any claim where a loss occurred after the activation of your Account creation. After submitting a claim, it may take up to 30 days for your Dwellbeing account to reflect the change.

Redemption Eligibility

Your eligibility to redeem your accrued reward is based on these Terms of Service and the language in your current policy. Users in our supported states can redeem their deductible credit balance according to the schedule outlined below:

Losses that occur prior to becoming eligible to redeem rewards are not eligible for reward redemption.

Reward Requirements

You must be an eligible policyholder in a supported state at the time of loss for you to redeem your accrued rewards. You may be prompted to provide information about the claim to validate that you are an eligible policyholder. The redeemable dollar amount is equal to the to the active reward amount in your Dwellbeing account at the time of the loss (per your claim submission information). Eligible policyholders can redeem up to, but not in excess of, the applicable deductible in the event of a covered loss. Dwellbeing will coordinate with your claims adjuster to receive information regarding the filing, progress, status, and any other relevant information pertinent to your claim for the purpose of administering your deductible reward. Your in-app and maintenance activity will not be shared with the claims adjuster, and is separate from the claims administration process.

After the claim determination has been made, if eligible, you will receive reimbursement in the amount of the Reward applied from Dwellbeing. If your Reward is not deposited or cashed by you, through no fault of Dwellbeing, we have no obligation to reissue your Reward.

To redeem your Reward, you agree to comply with all applicable laws. Dwellbeing expressly reserves the right to retroactively reverse any credits granted to you for any prohibited conduct or violation of the Terms.

Modification of the Deductible Rewards Program

Dwellbeing reserves the right, in our sole discretion, to modify, discontinue, or terminate any or all of the Dwellbeing Program, or modify the Terms at any time. Changes will be posted on the website, Application, via a message, and by changing the date of last revision on this Agreement. All modified terms and conditions will be immediately effective as of the date the modified Terms are posted, or as quickly as permitted, and will apply to all Users regardless if you created an Account or not.

If the Program is terminated, Users who have accrued Rewards may use those Rewards within 365 calendar days of the Program termination, so long as the User remains an eligible policyholder, and that their Dwellbeing Account was active prior to the Program termination date. After 365 days, the User will be sent a gift card equal to the amount of Reward accrued in their account at time of program termination.

Program Communications

Dwellbeing may from time to time communicate with you with provide updates regarding the program, your account status, requests for your feedback, promotional notices, or for other purposes. You may request to opt-out of these communications where applicable.

Calculation of Potential Savings

Within the app, information may be included about the value to a user of completing certain maintenance tasks. This calculation is based on data from the Bureau of Labor Statistics (BLS), and uses the following information to estimate the value of a homeowner completing the task themselves: national hourly wage by maintenance profession, time allotted per task, drive time, and a fee estimate. Calculations do not take into account any equipment or material costs for any party. Calculations are rounded to the nearest $5 increment. Individual user value saved may vary, and the estimated value is not a guarantee of savings.

Termination or Cancellation of Your Account

You may terminate your Account at any time and for any reason by submitting a request to delete your Account. By deleting your Account, your Account will be terminated and may no longer be accessible, and all Rewards are immediately forfeited.

We may terminate your Account or null your Rewards in the event that you breach the Terms, our policies, or for other improper conduct at our sole discretion. As a result of any such termination, we may disqualify you from future participation in the Program.

Upon termination for breach or other improper conduct, you will immediately lose all accrued Rewards. Upon any termination or suspension, any information you submitted to your Account may no longer be accessed by you. We will keep your personal data for as long as reasonably necessary to fulfill the purposes set out in our Privacy Policy and to comply with our legal and regulatory obligations. We have a detailed retention policy in place which governs how long we will hold different types of information for. The exact time period will depend on your relationship with us and the type of personal data we hold. We will delete any information that we do not need for the above purposes or are not legally required to hold. WE MAY DEEM YOUR ACCOUNT INACTIVE IF YOU ARE NO LONGER AN ELIGIBLE POLICYHOLDER. ONCE YOUR ACCOUNT IS DEEMED INACTIVE, YOUR ACCOUNT MAY BE TERMINATED AND ANY REWARDS WILL BE FORFEITED.

Restrictions on Use of Materials

The Application is owned and operated by Solaria Labs, LLC (d/b/a “Dwellbeing”.) Except as otherwise expressly permitted in writing by Dwellbeing, no materials from the Application or any website owned, operated, licensed or controlled by Dwellbeing, Solaria Labs, LLC or any affiliated companies, may be copied, reproduced, republished, uploaded, posted, transmitted, hyperlinked, or distributed in any way. You may download material displayed on the Application for your use only and provided you do not remove any copyright and other proprietary notices contained on the materials. You may not distribute, modify, transmit, reuse, repost, link or use the content of the Application for public or commercial purposes, including the text, images, audio, and video without Dwellbeing’s written permission. You may not use the Application or Services in any manner to propagate spam or software viruses, Trojan horses, worms or any other malicious or non-malicious computer code, files or programs that are intended to disrupt, damage or interfere with the functionality of the Application or any third party.

All trademarks, service marks, trade names, logos, icons and domain names located on the Application are the property of Solaria Labs, LLC and its affiliates. Nothing contained on the Application should be construed as an endorsement or sponsorship of or affiliation with the Application by the respective brands, manufacturers, or other companies discussed on the Application. Similarly, nothing contained on the Application should be construed as granting, by implication or otherwise, any license or right to use any trademark, service mark, trade name, logo, icon and domain name displayed on the Application without the written permission of Dwellbeing or third party that may own such marks or names displayed on the Application. Your use of the trademarks, service marks, trade names, logos, icons and domain names displayed on the Application, or any other content on the Application, except as provided herein, is strictly prohibited.

Unauthorized use of any images displayed on the Application is prohibited unless specifically permitted. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

The Application may be hyperlinked to other websites which are not maintained or controlled by Dwellbeing. Those websites contain separate terms and conditions for use and separate privacy policies applicable to those websites. Dwellbeing is not responsible for the content of those websites. The inclusion of any hyperlinks to such websites does not imply approval of or endorsement by Dwellbeing of those websites, their content or their products and services.

DISCLAIMER

Under no circumstances shall Dwellbeing be liable for inaccurate or defective content. The information and descriptions contained on our Application or provided as part of the services are not guaranteed to be complete or fully accurate descriptions of the features of products or services discussed on the Application, but are provided ‘as is’ and for general informational purposes. Dwellbeing makes no representations or warranties that the materials are suitable for your needs, are complete, timely, reliable, or are free from errors, inaccuracies or typographical mistakes. Dwellbeing is a tool that helps homeowners proactively manage their home. Dwellbeing shall not be held liable for any damage or alleged damage to a user’s home or its systems.

Dwellbeing does not warrant that the Application will operate error free or is free from viruses, worms, Trojan horses or other destructive or harmful code. Dwellbeing also assumes no responsibility, and shall not be liable for, any damages to your computer equipment or other property as a result of your access to, use of, or browsing in the Application or your downloading of any materials, data, text, images, video, or audio from the Application or arising in connection with any failure of performance, error, omission, interruption, defect, computer virus, delay in operation or transmission, or line or system failure.

DWELLBEING DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, COMPATIBILITY, SECURITY, ACCURACY, OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

LIMITATION OF LIABILITY

USE OF THE APPLICATION AND THE SERVICES IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF FILES, INFORMATION, REPORTS, RECOMMENDATIONS, COMMUNICATIONS, CONTENT, OR OTHER MATERIAL (INCLUDING WITHOUT LIMITATION SOFTWARE) ACCESSED THROUGH OR OBTAINED BY MEANS OF THE APPLICATION.

To the maximum extent provided by law DWELLBEING AND/OR SOLARIA LABS, LLC AND ITS AFFILIATES shall not be liable to you for damages of any kind whatsoever including, but not limited to: direct, indirect, consequential, special, incidental, including without limitation, damages for personal injury and/or death, damages to personal property; lost profits or damages resulting from lost data or business interruption, or punitive damages of any kind whatsoever that may result from your use of or inability to use the Application or the materials or services provided on the Application or the products or services received from the Application. THE TOTAL LIABILITY OF DWELLBEING HEREUNDER IS LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID BY YOU FOR ACCESS TO AND USE OF THE APPLICATION. YOU HEREBY RELEASE DWELLBEING, SOLARIA LABS, LLC AND ITS AFFILIATES AND PARENT COMPANY FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THESE KINDS OF DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

JURISDICTIONAL ISSUES

Use of this application will be governed and construed in accordance with the laws of the Commonwealth of Massachusetts.

Age Restrictions

You represent and warrant to Dwellbeing that you are at least eighteen (18) years old and that you possess the legal right and ability to enter into this Agreement and to use the Application in accordance with this Agreement.

Privacy

Please review Dwellbeing’s INTERNET PRIVACY POLICY. The INTERNET PRIVACY POLICY explains what information Dwellbeing may collect from you on our application and how we will use and protect your information.

General

This Agreement constitutes the entire agreement between you and Dwellbeing with respect to the Application and Services. Failure by Dwellbeing to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right.

Interpretation

In the event that any portion of this Agreement is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect.

Contact us at support@dwellbeingapp.com to learn more