This policy was last updated September 15, 2020

Terms of Use

These Terms of Use apply to access to, and participation in Hedge (collectively “Hedge”, “We”, or “us”) by American Family Mutual Insurance Company, S.I. (“American Family Insurance”). You (the “Enrollee” or “you”) should read them carefully before deciding to participate because your participation in Hedge means that you accept all of these Terms of Use. We may modify these Terms of Use at any time at our discretion. We will notify you of any material changes to these Terms of Use and your continued participation will be deemed your agreement to such changes. The current Terms of Use document can be viewed by visiting www.hedgeprotect.com/terms.

Hedge Overview

Hedge can provide you with the ability to make your property more connected, safer and smarter. Many insurance carriers recognize the value of property monitoring devices and may offer you premium or promotional discounts for participation in Hedge. Additionally, you may be eligible to receive a Hedge billing credit if you choose to provide Hedge with information relating to your service provider experience.

To read more about the features of the Devices, visit www.hedgeprotect.com. Your installation and use of the Device is subject to these Terms of Use as well as the Hedge Privacy Policy.

The Hedge App

You must install the Hedge app on your smartphone and transmit information through the app at least every 30 days to receive the promotional discount. Failure to do so may result in the loss of the promotional discount and/or termination of your eligibility to participate in Hedge.

You acknowledge and agree that, other than the limited license granted hereunder, all intellectual property rights of the Hedge app remain with Hedge and you have no rights in the Hedge app. Hedge hereby grants you a non-exclusive, limited, revocable, non-transferable, non-sub-licensable license to install and use the Hedge app as specified herein.

If at any time you terminate your participation in Hedge or otherwise violate these Terms of Use, your license will automatically terminate. You have no right to, will not, and will not allow others to: (a) reverse engineer, disassemble, decompile or otherwise attempt to derive, discover or reconstruct the Hedge app; (b) remove, alter, cover or obfuscate any proprietary rights notices placed or embedded by Hedge on the app; or (c) alter, modify, adapt or create derivative works of the Hedge app.

You agree that Hedge is not liable for any mechanical breakdown, software malfunctions, or unexplained issues involving your smartphone before or after the Hedge app is used. These Terms of Use do not give you any rights against Hedge as a result of any smartphone issues.

Term and Termination

This Agreement shall be effective upon enrollment and shall terminate on the earliest of the Enrollee’s request to un-enroll from their Hedge account or written request to un-enroll from Hedge, upon program discontinuation by Hedge, or upon your failure to comply with these Terms of Use. Participation in Hedge is voluntary and you can stop participating at any time. If you return all devices and materials that you received to Hedge, this action will terminate your participation on Hedge’s receipt of the devices and materials. If you stop participating, you may no longer be eligible to receive premium or promotional insurance carrier discounts, but will not be penalized in any way.

Payment Authorization

Depending on the devices and services chosen, Hedge is billed either as a one-time fee or as a reoccurring subscription. If you purchase devices and services in one installment (not a subscription) you may return those devices within sixty (60) calendar days of purchase for a refund of the cost of the returned devices less any promotions or incentives. This does not include shipping costs associated with device delivery. There are no recurring costs for one installment purchases.

By enrolling in a reoccurring Hedge subscription, you authorize regularly scheduled charges for any Hedge devices or services you have purchased to the credit or debit card associated with your Hedge account. All Fees will be charged to your account on the day of each month corresponding to your first date of purchase. If this day does not occur in a month, then you will be charged on the last day of the month. A receipt for each payment will be provided to you and the charge will appear on your credit card statement. You agree that no prior notification will be provided unless the date or amount changes, in which you will receive notice from us at least ten (10) days prior to the payment being collected. This authorization will remain in effect until you notify Hedge of your cancellation in writing. You can stop scheduled payments or terminate this authorization by calling Hedge at 1-800-518-2538, emailing Hedge at info@hedgeprotect.com, or by writing to Hedge at 6000 American Parkway, Attn: Hedge, Spark 6th Floor, Madison, WI 53783. You agree to notify Hedge in writing of any changes in your credit card information or termination of this authorization at least 15 days prior to the next billing date. You acknowledge that no refunds or credits will be provided for partial months. If the payment dates fall on a weekend or holiday, you understand that the payments may be executed on the next business day. You certify that you are an authorized user of this credit card and will not dispute these scheduled transactions with your credit card company; so long as the transactions correspond to these Payment Authorization terms.

Subscription

If you enroll for a subscription, your Hedge subscription will continue and automatically renew until terminated. We will charge to the credit card associated with your Hedge account any monthly subscription fees and any other taxes or fees that you may incur in connection with your use of Hedge Devices (“Fees”).

Emergency Contacts

Depending on the service level you choose, you have the option to assign Emergency Contacts to your Hedge account who may provide third-parties access to your property. Upon assigning Emergency Contacts, you acknowledge and authorize Hedge to contact all Emergency Contacts to access your property when you are unavailable, or are not responding to alerts from devices on your account.

Data Collection, Privacy and Use

When you enroll in Hedge, you will be asked to share certain data with Hedge, and your data may be shared with Hedge and its affiliates. You acknowledge that when you provide this consent, Hedge and its affiliates shall have access to all such data, as provided by and agreed to by you upon registration. Once the Device is shipped and activated, Hedge will collect data on which Devices are connected to Wi-Fi and will collect the data generated by any installed Devices. All collection, use, and disclosure of data collected will comply at all times with all applicable laws and regulations governing privacy, data security and the protection of personal information and will be handled subject to the Hedge Privacy Policy.

Hedge recognizes the importance of earning and keeping our customers’ trust, and keeping our customer’s personal information confidential is a top priority for Hedge. If Hedge evolves over time, we may request access to other data from your Device, but would secure your permission in order to access it. Should an Enrollee opt-out of Hedge, storage removal of such data will occur within 90 days of the end of the program, the opt-out or the discontinuation. However, for business and operational purposes, Hedge may take steps to de-identify the data. Upon such de-identification, Hedge may aggregate or modify the data and such aggregated data shall be owned exclusively by Hedge.

Hedge’s Privacy Policy can be viewed at www.hedgeprotect.com/privacy.

Disclaimers and Limitations

This Agreement shall be governed by the laws of the state of Wisconsin without reference to its conflict of laws provisions and Enrollee further consents to exclusive jurisdiction of state and federal courts sitting in the state of Wisconsin.

Hedge does not guarantee that the Device and use thereof will in any way affect the frequency or probability of accidents, fires, or carbon monoxide emissions, or that any other events will be prevented as a result of enrollment in Hedge. Hedge does not guarantee that all accidents, fires or carbon monoxide emissions, or other events will be recorded. Hedge does not guarantee against failure of the Device or guarantee full-time availability of the Device or access to data. Hedge does not guarantee or warrant the quality of work or response times of any service providers who perform work on your property. Service to your Device may be temporarily suspended or permanently terminated at any time for any reason.

HEDGE HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES WHETHER EXPRESSED, IMPLIED, OR STATUTORY INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE HEDGE APP OR DEVICE. HEDGE’S SOLE LIABILITY UNDER THIS AGREEMENT AND ENROLLEE’S EXCLUSIVE REMEDY UNDER THESE TERMS OF USE SHALL BE LIMITED TO REPAIR AND/OR REPLACEMENT OF THE DEVICE AT HEDGE’S SOLE OPTION AND ELECTION OR TERMINATION. IF SUCH DISCLAIMER OF ANY IMPLIED WARRANTY IS NOT PERMITTED BY LAW, THE DURATION OF ANY SUCH IMPLIED WARRANTY IS LIMITED TO NINETY (90) DAYS FROM THE DATE OF ENROLLMENT.

ENROLLEE HEREBY ACKNOWLEDGES THAT HEDGE SHALL NOT BE LIABLE IN ANY RESPECT TO THE ENROLLEE, EMERGENCY CONTACTS, OR OTHER INDIVIDUALS IN THE ENROLLEE’S PROPERTY FOR PROPERTY DAMAGE, PERSONAL OR BODILY INJURY OR DEATH OR OTHER DAMAGES ARISING OUT OF, PERTAINING TO, OR RESULTING IN ANY WAY FROM THE USE, POSSESSION OR INSTALLATION OF THE HEDGE APP OR DEVICE, OR FOR ANY EMERGENCY CONTACT ERRORS OR OMISSIONS OR NEGLIGENT ACTIONS RELATING TO OR ARISING OUT OF EMERGENCY CONTACT ACCESS TO THE ENROLLEE’S PROPERTY. IN ADDITION, HEDGE SHALL NOT BE LIABLE IN ANY RESPECT FOR FALSE REPRESENTATION ON THE PART OF THE ENROLLEE, UNAUTHORIZED ACCESS TO ENROLLEE DATA, OR INTENTIONAL MALICIOUS INTENT STEMMING FROM THE UNAUTHORIZED USE OF THE DEVICE. NOTWITHSTANDING ANYTHING HEREIN, IN NO EVENT SHALL HEDGE BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE.

State Specific Limitations

Washington State: Pilot participation dates for Washington residents are June 15, 2020 through June 14, 2022 as filed under Form #: RCW 48.18.558 with the Office of the Insurance Commissioner. Any prices changes will be provided no less than twenty (20) calendar days from the renewal date for which they take effect.

Notice and Addresses

1. Form of Notice. All notices, requests, claims, demands and other communications between the parties shall be in writing.
2. Method of Notice. All notices shall be given (i) by delivery in person (ii) by a nationally recognized next day courier service, or (iii) by first class, registered or certified mail, postage prepaid to the address of the party specified in this Agreement, the Terms of Use or such other address as either party may specify in writing or e-mail.
3. Receipt of Notice. All notices shall be effective upon (i) receipt by the party to which notice is given, or (ii) on the fifth (5th) day following mailing, whichever occurs first.

Notice to Hedge shall be expected and proper at:

Hedge Marketing
6000 American Parkway
Spark 6th Floor
Madison, WI 53783

Email: info@hedgeprotect.com

Notice to Enrollee shall be expected and proper at the e-mail address provided during the Hedge enrollment process.