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American Family Mutual Insurance Company, S.I. DriveMyWay Demo Program Terms & Conditions (Applies to Demo Version Use Only)

Welcome to the demo version of DriveMyWay, an American Family usage-based auto insurance program ("Demo DriveMyWay" or "Demo Program"), which is available only to American Family and affiliated company (“AmFam”) employees and agents who are not current users of the full DriveMyWay application (the “Full Program”). This document contains important information about your rights and limitations under the Demo Program. You should read it carefully before deciding to participate because your participation in the Demo Program means that you accept these Terms and Conditions. We may modify these Terms and Conditions without notice at any time at our discretion, and your continued participation in the Demo Program means that you accept those changes.

Program Overview

The DriveMyWay application is administered by an AmFam third party service provider (the “Administrator”). Your participation in the Demo Program allows you to experience the AmFam DriveMyWay smartphone app without being a user of the Full Program. The data collected from the DriveMyWay smartphone app (the “App”) allows you to access your driving information and receive a driving “score,” which may help you understand your driving habits and share the experience with potential participants in the Full Program.

Eligibility and Additional Provisions

The following are necessary to participate in the Program:

  • You must be an employee or authorized agent or contractor of AmFam and must not be a participant in the Full Program. Your use of the Demo Program is subject to the sole discretion of AmFam, the policies of the Administrator, and may be discontinued at any time for any reason.
  • You must accept these Terms and Conditions.
  • You must have a compatible smartphone with an adequate data and coverage plan.
  • You understand that the Terms and Conditions embedded in the App do not apply to you while you are using the Demo Program, but do apply to all other users of the Full Program.

How It Works

Once you have downloaded the App and it is in use, the App collects your data, in an amount that will fluctuate based on how often and how far you drive, as well as how often you’re on a Wi-Fi connection, but includes for example how often you “hard brake,” geo-positional data and accelerometer data, whether you speed, how many hours you drive, and whether you use your phone while you drive (collectively “Driving Data”). This Driving Data is securely stored within the Administrator’s systems and available to AmFam.

The App uses your smartphone data plan and Wi-Fi connection to upload information to the Administrator's data storage system. AmFam is not responsible for any data charges (including overage charges) associated with use of the App. It is also your responsibility to protect your smartphone and App username and password from unauthorized parties.

The App

You acknowledge and agree that the rights in the software comprising the App remain either with AmFam or the Administrator (as applicable) and that you have no rights in the App. AmFam hereby grants you a non-exclusive, limited, revocable, non-transferable, non-sub-licensable license to install and use the App as specified herein, if AmFam owns or has the right to license the App; otherwise, the license will be granted by the Administrator under its terms and conditions. If at any time you terminate your participation in the Demo Program or otherwise violate these Terms and Conditions, 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 App; (b) remove, alter, cover, or obfuscate any proprietary rights notices placed or embedded by AmFam or the Administrator on the App; or (c) alter, modify, adapt, or create derivative works of the App.

You agree that AmFam is not liable for any mechanical breakdown, software malfunctions, or unexplained issues involving the smartphone or a vehicle before, during the use of and/or after the App is used including, but not limited to, smartphone battery depletion, vehicle battery depletion, check engine light activation, electrical issues, or mechanical issues. These Terms and Conditions do not give you any rights against AmFam as a result of any smartphone or vehicle issues.

Program Text Messaging

By agreeing to these Terms and Conditions and using the App, you consent to receive text messages related to the Demo Program, including an invitation to the Program and confirmation of enrollment status. Message and data rates may apply. If you have any questions about your texting or data plan, please contact your wireless provider. You can cancel SMS messaging at any time by replying with STOP. After receiving the STOP message, you will receive an SMS message confirming you are unsubscribed.

Data Collection and Use

The App will capture Driving Data for your review, AmFam's analysis, AmFam’s improvement of the Full Program and other services, and support for your use of the Demo Program. By participating in the Demo Program, you acknowledge AmFam's right to use the Driving Data and information as set forth herein and agree:

  • To allow AmFam to access, use, and retain your information and Driving Data captured by the App as set forth herein;
  • AmFam has the right to start collecting Driving Data as soon as the App is installed and to continue collecting data for as long as the App is in use; and
  • That AmFam may retain the collected Driving Data.

Note that if you become a user of the Full Program, no Driving Data from the Demo Program will transfer to your account within the Full Program.

Privacy

AmFam recognizes importance of our employees’ and our agents’ trust. Keeping their personal information confidential is a top priority. However, we may be legally required to provide the Driving Data, for example, in response to a subpoena.

Term and Termination

These Terms and Conditions are effective upon enrollment and terminate on the earliest of your request to withdraw from the Demo Program, your removal from the Demo Program by AmFam at its discretion, or upon termination of the Demo Program. Participation in the Demo Program is voluntary, and you can withdraw from participation at any time, subject to these Terms and Conditions. To unenroll, complete the unenrollment form. You agree to unenroll if you are no longer an AmFam employee or agent.

Disclaimers and Limitations

If the Terms and Conditions of the Demo Program conflict with the laws of the state for which the Policy is issued, the terms will change to conform to those laws. AmFam does not guarantee that the App and the use thereof will prevent high-risk events, unsafe driving, collisions, or that other events will be prevented as a result of your enrollment in the Demo Program. AmFam also does not guarantee that all high-risk events, collisions, unsafe driving, or other events will be recorded. AmFam does not guarantee against the failure of the App, the recording of incorrect data, or guarantee full-time availability of the App, or access to data. Your service may be temporarily suspended or permanently terminated at any time for any reason.

AMFAM HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES WHETHER EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT WITH RESPECT TO THE APP. AMFAM'S SOLE LIABILITY UNDER THIS AGREEMENT AND YOUR EXCLUSIVE REMEDY UNDER THIS AGREEMENT IS LIMITED TO TERMINATION OF THE AGREEMENT.

YOU HEREBY ACKNOWLEDGE THAT AMFAM IS NOT LIABLE IN ANY RESPECT TO YOU OR PASSENGERS IN YOUR VEHICLE 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 APP OR ENROLLMENT IN THE DEMO PROGRAM. IN ADDITION, AMFAM IS NOT LIABLE IN ANY RESPECT FOR FALSE REPRESENTATIONS ON YOUR PART, LOST OR STOLEN USERNAMES AND PASSWORDS

RESULTING IN UNAUTHORIZED ACCESS TO YOUR DATA, OR INTENTIONAL MALICIOUS INTENT STEMMING FROM THE UNAUTHORIZED USE OF THE APP. NOTWITHSTANDING ANYTHING HEREIN, IN NO EVENT IS AMFAM 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.