USAA & HONEYWELL PILOT PROGRAM

This Participation Agreement (“Agreement”) is a legal agreement between you and United Services Automobile Association and its property and casualty insurance affiliates (“USAA”). Participation in this pilot constitutes acceptance of the terms and conditions of this Agreement. Participation in the pilot is voluntary and may be terminated at any time.

Purpose: The purpose of this pilot is to study the usability, reliability, and value of water and freeze sensors, and to detect when properties need attention and enable users to monitor their homes with a smartphone app and customizable alerts. This includes sharing Data (defined below) collected by the devices with USAA to validate sensors are installed and working properly and to understand member interactions and preferences with connected home products and services.

Consent: By participating in the pilot, you consent to Honeywell International Inc. (“Honeywell”) sharing Data with USAA and its third party suppliers as part of the pilot. USAA and its third party suppliers will receive, process, share, analyze, and use the Data, including any personal information in the Data, for purposes of research, analysis and developing and/or improving products and services.

Installation: Once you accept this agreement and USAA confirms your enrollment, USAA and/or its third party suppliers will ship you a Honeywell Package (“Package”) to install in your home within 14 days of delivery. You are responsible for installing the device:

1. Go to the App Store or Google Play and search for Honeywell Lyric
2. Follow instructions to download and install the free Lyric app
3. After downloading, launch the app, register ( if necessary), go to Menu and then go to Add New Device
4. Select Lyric Water leak and Freeze Detector
5. Ensure that the Bluetooth connectivity turned on for your Android or Apple mobile device
6. Follow the instructions in the app

Unless notified otherwise, the Package becomes your property once it is delivered. USAA is not responsible for any claims of damage resulting from installation, use or removal of the Package.

Data Collected: As used in this Agreement, “Data” means any and all data and information measured, detected, or recorded by the devices via your Wi-Fi network, and smartphone, which may be stored or otherwise available on or through Honeywell’s mobile app, cloud platform, application programming interface or website. The Data includes, but is not limited to Honeywell app usage, date and/or time of device activation, sensor installation address, assigned sensor locations, battery life and Wi-Fi connection status. Data also includes sensor readings, smartphone notifications, response to alerts (water leaks), and number of alerts shared with others.

Use of Data: Data captured by the installed Package will be transmitted to Honeywell and will be made available to USAA and other third party suppliers who may assist us with research and services. You will maintain ownership of your Data collected by the Package. Data may be discoverable in a lawsuit or investigation. Participation in this pilot and/or Data collected in this pilot will not be used to determine the availability of insurance, affect premiums, or make renewal decisions about your home insurance policy.

Privacy: PERSONAL INFORMATION THAT USAA OBTAINS IS GOVERNED BY THE USAA PRIVACY PROMISE AND CAN BE ACCESSED AT http://www.usaa.com. PERSONAL INFORMATION THAT HONEYWELL OBTAINS SHALL BE GOVERNED BY THE HONEYWELL PRIVACY POLICY, AND CAN BE ACCESSED AT https://yourhome.honeywell.com/privacy-statement.

Export Data: You agree to not take the Package outside the United States.

Warranty: IN NO EVENT SHALL USAA BE LIABLE FOR THE FAILURE OR INCOMPABILITY OF THE PACKAGE OR EQUIPMENT UTILIZED BY YOU IN CONNCECTION WITH THE SERVICE. YOU SHALL USE THE PACKAGE AT YOUR OWN RISK. USAA MAKES NO REPRESENTATIONS OR WARANTIES, EXPRESS OR IMPLIED, REGARDING THE PACKAGE AND THE PILOT. USAA DOES NOT REPRESENT OR WARRANT THAT THE PILOT WILL RESULT IN A SAFER HOME OR PREVENT PROPERTY DAMAGE; NOR DOES IT REPRESENT OR WARRANT THAT THE PILOT WILL PREVENT UNSAFE CONDITONS, PERSONAL INJURY, DEATH OR OTHER HARMFUL EVENTS. USAA PROVIDES THE PACKAGE AND PILOT “AS-IS” AND “AS-AVAILABLE” AND IS NOT RESPONSIBLE FOR INCOMPLETE OR INACCURATE DATA. USAA HEREBY DISCLAIMS ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.

Limitation of Liability: YOU UNDERSTAND AND AGREE THAT USAA AND ITS AFFILIATES HAVE NO LIABILITY FOR DAMAGES OF ANY KIND INCLUDING DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTIAL, OR SPECIAL RESULTING FROM THE PACKAGE, THE PILOT, OR OUR USE OF DATA FROM THE PROGRAM. WITHOUT LIMITATION, USAA HAS NO LIABILITY FOR DAMAGES, INCLUDING BODILY INJURY OR DAMAGE TO OTHER PROPERTY CAUSED BY THE INSTALLATION OR USE OF THE PACKAGE OR THE PILOT.

Internet Based Service: The pilot may enable you to access USAA’s and Honeywell’s services and website (“Services”). Use of the Services will require Internet access and that you accept additional terms of service. You are responsible for compliance with all licenses and applicable laws. You are also responsible for the fees associated with your Internet connection and use.

Limits on Use of Package: The device and Services may contain proprietary content that are protected by intellectual property laws. You agree to use the devices and Services only as permitted. You agree not to engage in any of the following prohibited actions:

• Reproduce any portion of the devices or Services in any form or by any means.
• Modify, rent, lease, loan, sell, distribute, or create derivative works based on the devices or Services, in any manner.
• Decompile, reverse engineer, disassemble, or otherwise determine or attempt to determine source code (or the underlying ideas, algorithms, structure, or organization) of any object code contained in the devices, associated software, or derivative works based on the devices or associated software.
• Exploit the devices or Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity.
• Use the devices or Services to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party.
• Use or assist others to use the devices or Services for any unlawful, unauthorized, abusive or fraudulent purpose.

USAA is not responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive or illegal message or transmissions that you may receive from others as a result of using any of the devices or Services.

Pilot Terms: The pilot will last for eighteen months. You may terminate your participation in the pilot by discontinuing use of the Package and notifying USAA. USAA may modify or terminate this Agreement or the pilot or your participation in the pilot at any time, for any reason. When the pilot ends or our participation in the pilot ends, USAA will no longer receive any Data from the Package installed in your home, unless you and USAA agree in writing to continue the sharing of Data. You may continue to use the Package and access the Honeywell services if you choose at you own expense. USAA and its licensors reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will USAA be liable for the removal of or disabling of access to any such Services. USAA may also impose limits on the use of or access to Services, without notice.

Miscellaneous: (a) This agreement represents complete agreement between you and USAA concerning the pilot, and supersedes all prior or contemporaneous agreements and representation between you and USAA regarding the same subject matter. (b) This agreement may be amended only by USAA. (c) If any provision of this agreement is held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable and the remaining provisions of this agreement will not be affected. (d) This agreement will be governed by the laws of the State of Texas. (e) The United Nations Convention on Contracts for the International Sale of Goods will not apply to this agreement.