Great Driver™ App Terms and Conditions of Use
This End-User License Agreement (“Agreement”) outlines the terms related to your use of this Great Driver telematics mobile Application (“App”) provided to you by Electric Insurance Company® ("Electric Insurance"). For purposes of this Agreement, you will be referred to as “You” or “End User” and Electric Insurance shall be referred to as “Our” or “Electric Insurance”. This Agreement does not change or amend in any way the Usage Rules set forth in the Apple® App Store® Terms and Conditions or in the Google Play™ Store Terms of Service, whichever is relevant.
If you are under the age of 18, you must review these Terms of Use with your parent or legal guardian to ensure that you and your parent or legal guardian understand and accept these Terms and Conditions of Use. By downloading or using the App You verify Your enrollment in this program. By enrolling, You accept these Terms and Conditions of Use and consent to the collection, use, disclosure and retention of driving data and other terms and conditions as set forth herein.
If You do not accept the Terms and Conditions of Use, do not download or use the App. If You access any internet-based service via link in the App, Your use of those service will be subjected to both this Agreement and any separately provided terms of use and privacy statement on such website.
Electric Insurance reserves the right to contact you regarding account status, changes to these Terms and Conditions of Use and other matters relevant to the App or the information collected. By using the App, you agree that Electric Insurance may communicate with you by SMS, MMS, text message or other electronic means to your mobile device for the purpose of providing the App.
Your use of the Great Driver App is also governed by Great Driver’s Telematics App Privacy Policy. Electric Insurance reserves the right, and you expressly authorize Electric Insurance to use and assign all information regarding your use of the App in any manner consistent with our Great Driver’s Telematics App Privacy Policy.
Electric Insurance reserves the right, in its sole discretion, to modify or change the terms of this Agreement at any time without prior notice to You. Your continued use of the App following the posting of any changes to the Agreement constitutes acceptance of those changes.
LICENSE
You agree and represent that information you provide in connection with the App is your own information and is truthful and accurate to the best of your knowledge, including all driving monitoring information collected by the App.
Electric Insurance grants You a non-exclusive, revocable license to operate the software with the accompanied telematics services until it is terminated by either party. The End User may not reverse engineer the software or use it in a service provider capacity. The End User does not retain any rights of the App Provider’s intellectual property rights in the software and no rights, title or interest in the software are transferred to the End User. You agree and understand that all algorithms, processes, data, conclusions and/or finding resulting from the use of this App shall constitute the confidential and proprietary information of Electric Insurance’s third-party providers and/or distributors. You hereby release Electric Insurance and its third-party providers and distributors from any liability, claims or demands of whatever kind for authorized use of the data collected hereunder.
Upon termination of this license, the End User must uninstall the App.
DISCLAIMER OF WARRANTY
The Application is licensed “as-is” “with all faults,” and “as available.” You bear the risk of using it. Electric Insurance, on behalf of itself, distributors and providers of the Application, network operators over whose network the Application is distributed, and each of their respective affiliates and suppliers, gives no express or implied warranties, guarantees, or conditions under or in relation to the Application, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Electric Insurance does not warrant that the functionality or operation of the Application will be uninterrupted or free from error, that any defects in the Application or the server(s) that makes it available are free of viruses or other harmful conditions or components. The service may occasionally be restricted, interrupted or discontinued due to conditions such as, but not limited to, app design, network coverage, government regulation or other instances not in Electric Insurance’s control.
LIMITATION OF LIABILITY
You agree and acknowledge that you assume full, exclusive, and sole responsibility for the use of and reliance on the App, and you further agree and acknowledge that your use of or reliance on the App is made entirely at your own risk. You further acknowledge that it is your responsibility to comply with all applicable laws (including traffic laws) while using the App.
To the extent permitted by law, Electric Insurance disclaims liability, whether based in contract, tort, negligence, strict liability or otherwise, for damages of any kind (including, but not limited to, direct, indirect, incidental consequential, special, punitive or exemplary damages) in any way arising from interruptions of service or delay in operation or transmission, and arising from third-party access to personal information input in the Application, even if Electric Insurance has express knowledge of the possibility of such damages. Electric Insurance and its providers or distributors have no responsibility, and will in no way be held liable, for the security of the End User’s mobile device. You agree not to seek to recover any damages, including consequential, lost profits, special, indirect, or incidental damages from Electric Insurance or any provider or distributor of the Application.
Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You.
USE AND SHARING OF INFORMATION
For policyholders only, Electric Insurance will receive a score based on driving behavior to determine the level of discount a customer will receive on the first
renewal following the initial Enrollment period. Electric Insurance will share anonymized policy information and claims history tied to the compatible driving score with its third-party providers and distributors with the purpose of adding to a pooled repository to make a driving score model. Electric Insurance and its third-party providers and distributors will not share any pooled data or the results from any analyses of the pooled data in marketing material or otherwise, unless the pool from which such results are derived is diverse enough that such that a recipient would not be able to infer anything about you or specific drivers.
DATA COLLECTION AND STORAGE
Data is uploaded to Electric Insurance’s distributors or providers from the Application based on trip information. The data collection process is collected from trip start to trip end.
Collected data includes:
Per-trip information:
- Time stamp;
- Time zone;
- GPS (longitude, latitude, heading, speed, and horizontal and vertical altitude accuracy);
- Accelerometer (lateral, longitudinal, and vertical);
- Gyroscope (pitch, roll, yaw); and
- Mileage.
Per-event information:
- Trip start;
- Trip end;
- Hard acceleration;
- Hard braking;
- Driving above a posted speed limit; and
- Phone use – hands-free navigation or audio apps will not adversely affect the distracted driving score.
Data is maintained and stored by Electric Insurance’s distributors and/or providers. Electric Insurance does not maintain or store Your collected data.
Collection of data ceases when the Application signs You out. At this point You should terminate use of the Application delete and it from your device.
JURISDICTION AND GOVERNING LAW
This Application and End-User Agreement are intended only for use in the United States of America. This agreement shall be governed and interpreted to the law of the Commonwealth of Massachusetts unless otherwise prohibited by law. The parties hereby agree that this Agreement is not governed by the United Nations Convention on Contracts for the International Sale of Goods.
SEVERABILITY
The provisions of the Agreement shall be severable. If any provision of the Agreement is held invalid or unenforceable then
a) such provision shall be interpreted as though it provided for maximum permissible obligation or right;
b) application of such provision to any other circumstances shall not be affected thereby; and
c) the application of the remaining provisions of the Agreement shall not be affected by such application.
MISCELLANEOUS
You agree to comply with any applicable local, state and federal laws, statutes, ordinances, administrative orders, rules, or regulations relating to Your use of the Application. Data collected through this Application is subject to state privacy protections and Our privacy policy. You further agree that You will not use the Application for any purpose prohibited by law.
SUPPORT SERVICES
The Application is provided “as is.” Neither distributors of the Application, Your phone manufacturer, or Your network operator are responsible for providing maintenance or support services for the Application.
ENROLLMENT DISCOUNT – Policyholders and Participating Drivers on their Policy Only
Upon the completion of 500 miles of driving within 100 days, You will be eligible to receive a 10% discount on Your Electric Insurance Company auto policy. This discount will apply for the current policy period or until the applicable driver becomes eligible for the Performance Discount. If you have previously earned an Enrollment Discount you are not eligible for any other subsequent Enrollment Discount related to the Application. If You do not download the Application and complete one trip within 30 days of download, the discount will be removed from Your policy. Electric Insurance reserves the right to have you reinstall the Application and participate in the program again if You desire to continue to receive the discount.
PERFORMANCE DISCOUNT – Policyholders and Participating Drivers on their Policy Only
To be eligible for the discount, You must drive, utilizing the Application, 500 miles within 100 days during the Enrollment period. This is to ensure there is adequate driving data to determine and calculate an accurate score. You may, at your option, continue to use the Application after the first 100 days. On the first renewal after your Enrollment period, you will be eligible to receive a discount on your renewing policy that is based on your calculated overall performance score, which you earned during the 500 mile/100 day period. This discount does not vary other applicable rated premium or make other changes to your policy.
LIMITATIONS ON PRIVACY PROTECTION OF YOUR DATA
The data collected and stored by Electric Insurance appointed providers and distributors may be disclosed to third parties, as required by law.
Data collected from the Application may be provided to third parties in relation to an accident, investigation and/or other litigation as required by law. Electric Insurance’s providers and distributors may be legally compelled to provide collected data to third parties.
Notwithstanding anything to the contrary contained in this Agreement, Electric Insurance will provide data Information to any court, third party, or government agency pursuant to a valid and enforceable written court order, subpoena, regulatory demand, process of law, or other legal obligation requiring a response, unless prohibited by applicable law. Compliance with this subsection shall not be deemed a breach of this Agreement or expose a Party to liability for release of any such data.
In the event you change or deactivate your mobile telephone number, you agree to promptly notify Electric Insurance [email protected] to ensure that your messages are not sent to the person who acquires your old number. In the event that you fail to comply with the obligation to promptly notify Electric Insurance when changing or deactivating your mobile telephone number, you accept full responsibility for any of your messages which may not be delivered or may be sent to the person that acquires your old number.
At no time will Electric Insurance require you to provide or transmit your password information to us via email or text. Before responding to any requests for Great Driver app passwords or access codes, contact Electric Insurance directly at [email protected] to confirm this inquiry is valid.
RELEASE AND HOLD HARMLESS
These Terms and Conditions of Use and the policies outlined herein are not intended to and do not create any contractual or other legal rights in or on behalf of any user, and your use of any of the App operates as full consent by each user to collection and use of user's personal information within the guidelines and limitations outlined herein. You agree to indemnify and hold Electric Insurance and its officers, directors, employees and licensors harmless from any claim or demand (including but not limited to reasonable legal fees) made by a third party due to or arising out of or related to your violation of the terms and conditions of this Agreement, your violation of any laws, regulations or third-party rights or Your negligent act, omission or willful misconduct.
Except as otherwise provided herein, all limits, terms, conditions, provisions and exclusions of the policy of insurance apply.
