Thank you for participating in the Driveology® program – an additional benefit of your Farm Bureau membership.
Terms and Conditions Agreement for Driveology: The Science of Safe Driving®1
Your participation in the Driveology® program is expressly conditioned on your acceptance of these terms and conditions (“Terms and Conditions”). By signing below, you are accepting, and agreeing to, all of the following Terms and Conditions.
Farm Bureau Property & Casualty Insurance Company and its subsidiaries and affiliates (collectively, “FBFS”) reserve the right to modify or change these Terms and Conditions at any time without prior notice to you. Modifications or changes to these Terms and Conditions shall be effective upon posting by FBFS at www.FBFS.com/DriveologyTerms. Your continued participation in Driveology after the posting of revised Terms and Conditions will constitute your acceptance of any modifications to these Terms and Conditions.
FBFS reserves the right to terminate Driveology at any time and for any reason. Further, FBFS reserves the right to terminate your participation in Driveology at any time and for any reason.
These Terms and Conditions are not affected by changes to your insurance policy, policy rewrites, future policies, or policy replacements nor do they modify the terms of your insurance policies in any way.
You give FBFS permission to communicate via e-mail with you regarding Driveology. As part of your enrollment in Driveology, you will provide to FBFS a valid and active e-mail address.
You represent and warrant that you have all necessary title, rights and authority, as applicable, to participate in the Driveology program and to install the Device on all vehicles you enroll in the Driveology program. You further represent and warrant that you have all necessary right, title and authority to agree to these Terms and Conditions and to bind all additional or other insureds under the insurance policy for each vehicle equipped with a Device. You further recognize and agree that you are responsible for informing all vehicle users that their driving will be tracked and recorded and the Data will be used for all the uses noted in these Terms and Conditions.
The data collection device that plugs in to each vehicle enrolled in Driveology (“Device”) is owned by FBFS. FBFS retains all right, title, and interest in and to the Device. You agree that you will not intentionally destroy the Device, nor will you modify or attempt to modify, or reverse engineer, or attempt to reverse engineer, or disassemble, or alter, the Device in any way.
You acknowledge Driveology is an optional program in which you are voluntarily participating. If the Device interferes in any way with the ability to operate the vehicle, you will immediately disconnect the Device and notify FBFS of the same. At no time will you keep the Device in a vehicle if doing so poses a danger in the use and operation of the vehicle.
You agree that FBFS will not be liable for direct or consequential damages caused directly or indirectly by the Device and agree to hold FBFS harmless from and against such damages, including, but not limited to, damages to the vehicle to which the Device is connected, other vehicles or property, and claims for bodily injury, including, but not limited to death. Further, this hold harmless agreement binds additional or other insureds on your insurance policy and applies to their claim(s). FBFS reserves the right to seek all other remedies available at law and in equity. You agree, at your own expense, to defend, indemnify and hold FBFS harmless from any claim or demand, including reasonable attorneys' fees, made by a third party in connection with, or arising out of, your participation in the Driveology program, in a manner other than as expressly authorized by these Terms and Conditions, your breach of these Terms and Conditions, or your violation of applicable laws or any rights of any third party.
As long as a vehicle is participating in Driveology, there is a Technology Charge associated with the use of the Device in the vehicle. The Technology Charge is part of your policy’s premium. Also, some discounts are not available in conjunction with Driveology. Due to the Technology Charge, and the unavailability of some discounts, your policy’s premium with participation in Driveology may be more than what your policy’s premium would be without participation in Driveology.
You represent and warrant you are a resident of the United States and of no other country. If you become a resident of a country other than the United States, your participation in Driveology will be automatically terminated as of such date.
FBFS owns all of the data collected by the Device (“Data”) and has the right to use the Data for insurance underwriting and rating, and other uses necessary to provide insurance services. However, FBFS will use the Data in claims and/or the investigation of claims only with the consent of the registered owner of the vehicle involved in the occurrence giving rise to the claim, or in a situation where FBFS is legally required to produce the Data to third parties in response to a subpoena or in response to a litigation discovery request. In the latter situation, FBFS may use the Data produced for claims purposes.
The Data, information about the driver of any vehicle equipped with a Device, and information about your claims history, will be provided to FBFS’ actuarial service provider, Octo Advisory, Inc. and Octo Analytics, LLC (collectively, “OA”) and FBFS’ telematics service provider, Intelligent Mechatronic Systems, Inc. (“IMS”), and their Related Persons. “Related Persons” means any of OA’s and/or IMS’ affiliates, and any officers, employees, agents, subcontractors, successors, assigns, or personal representatives of OA or IMS or any of their affiliates. The Data and other information will be provided to OA and IMS and their Related Persons to assist FBFS in assessing risk for you. If required by any law applicable to FBFS, OA and/or IMS, your agreement to these Terms and Conditions shall be deemed your request for FBFS, OA and/or IMS and their Related Persons to assist FBFS in assessing risk for you.
Your access to the Data is limited to that which is available through the Driveology application for smart devices (“App”). Access to the App is governed by a terms and conditions document called an End User License Agreement. To access the App, follow the instructions that are in the welcome e-mail and in the box in which the Device is delivered to you.
You understand anyone with access to your App account will be able to see information about the personal driving habits of a driver of a vehicle, or drivers of vehicles, participating in Driveology and associated with your insurance policy. It is your responsibility to limit access to your App account to authorized individuals.
You acknowledge any discount associated with Driveology is subject to reduction. Further, as driving habits are monitored over time, discounts associated with Driveology could be reduced to zero percent, depending on personal driving habits. The Technology Charge discussed above will continue to be charged regardless of any premium discount, and is only removed if the vehicle is removed from the Driveology program. The App may display the current discount you are receiving, and may display the estimated discount you could receive at renewal. The actual discount you receive at renewal could be lower or higher than the estimated discount that may be displayed in the App.
Moving Devices; Returning Devices; Unreturned Devices
You will not move a Device from one vehicle to another without the express permission of FBFS. Removal of a Device from a vehicle may affect the vehicle’s eligibility for the Driveology program, including eligibility for any associated discounts.
You must return the Device associated with a vehicle to FBFS in the following situations:
- If a new vehicle or a replacement vehicle is not eligible for Driveology;
- If you remove a vehicle from your insurance policy that was enrolled in Driveology, and you are not moving the Device from the removed vehicle to a replacement vehicle;
- If you terminate your participation in Driveology for a vehicle; or
- If FBFS terminates your participation in Driveology for a vehicle.
All Devices must be returned to FBFS if you cancel or non-renew your FBFS insurance policy or if FBFS cancels or non-renews your FBFS insurance policy.
FBFS may charge an Unreturned Device Fee for a Device that is not timely returned in good, working condition. This includes Devices that are not returned because they were lost, stolen, or destroyed. The Unreturned Device Fee is not part of your premium and is separate from and in addition to payment for insurance premium due on your insurance policy. Cancellation or non-renewal of your insurance policy will not relieve you of the obligation for an Unreturned Device Fee that was outstanding at the time your policy was cancelled or non-renewed.
If you become aware that a Device has been lost, stolen or destroyed, you must notify FBFS within 14 calendar days.
If you terminate your participation in Driveology for a vehicle, the Device will continue to collect Data in the vehicle while the termination of participation for that vehicle is processed in FBFS’ systems. If you would like to control exactly when the Data collection for a vehicle ends, you can remove the Device from the vehicle thus ending its Data collection. Upon removal, you must return the Device to FBFS as outlined above.
GPS; Use Restrictions; Wireless Services
Data from the Device is transmitted to IMS. You acknowledge that IMS will be available to receive Data from a Device at least once in every 24 hour period (provided that IMS shall have no responsibility for its inability to receive Data due to lack of cellular coverage or other force majeure conditions as long as IMS is available to receive the Data).
Furthermore, you acknowledge that the Device includes a global positioning system (GPS) receiver technology and that reports are derived in part through the use of such GPS technology. GPS technology and the application or use of such technology has, or may, have certain limitations that may affect your use of Driveology, including reports derived from the use of the Device and the App. For example (and without limitation to all potential limitations or impacts) changing atmospheric conditions, sources of electromagnetic radiation, man-made sources of other interference, geographic features, the re-introduction of “selective availability” functionality and other factors or issues applicable to GPS technology may limit or impact the use of the Device, the App and any resulting reports. You agree that the Device and App (including any Data) are not intended to be used for (and that you will not use same for) safety-of-life applications or for any other application in which the use of or inability to use or the accuracy or completeness or reliability of the Device, the App and any reports, could create a situation where personal injury or death may occur.
You may not: (a) modify, adapt or otherwise change the firmware; (b) to the maximum extent permitted to be restricted by applicable law, reverse engineer, decompile, disassemble, or otherwise in any manner deconstruct all or any part of the firmware; (c) create derivative works based on the firmware or the firmware documentation; (d) except as expressly permitted by IMS, provide, disclose, sublicense, distribute, transfer, assign or otherwise permit any third party to access, use, read or otherwise gain access to the firmware or firmware documentation (the firmware and firmware documentation being the confidential information of IMS or its licensors); (e) use firmware in conjunction with any third party product or service not-supplied by IMS; or (f) use the firmware to act as a “service bureau” to provide the benefit of the use of the firmware to or for any other person.
The Device transmits Data through the use of wireless services. You have no contractual relationship with the wireless provider and you are not a third-party beneficiary of any agreement between IMS and the wireless provider. You understand and agree that the wireless provider shall have no legal, equitable or other liability of any kind to you.
You acknowledge that service may be temporarily refused, interrupted, curtailed or limited because of atmospheric, terrain, or other natural or artificial conditions and may be temporarily interrupted or curtailed due to usage concentrations, modifications, upgrades, relocation and repairs of the Data transmission network. You agree that wireless provider or IMS shall not be responsible for such interruptions of service or the inability to use the service within or outside the territory. You understand that such wireless provider cannot guarantee the security of wireless transmissions and will not be liable for any lack of security relating to the use of the service.
You expressly understand and agree that the liability and obligations of IMS for wireless services to you under this Terms and Conditions Agreement for services may be strictly controlled and limited by the wireless provider’s tariff, if any, and the laws, rules and regulations of the Federal Communications Commission and other United States or foreign governmental authorities which from time to time have jurisdiction. In any event, regardless of the form of action, whether for breach of contract, warranty, negligence, strict liability in tort or otherwise, your exclusive remedy and the total liability of the wireless provider arising in any way in connection with this Terms and Conditions Agreement, for any cause whatsoever, including but not limited to any failure or disruption of service provided, shall be limited to payment of damages in an amount equal to the amount charged to you for service provided under this Terms and Conditions Agreement, if any. In no event shall IMS or wireless provider be liable for any cost, delay, failure or disruption of service, lost profits, or incidental, special, punitive or consequential damages.
In no event shall the wireless provider be liable for the failure or incompatibility of equipment utilized by you in connection with the service.
You shall indemnify, defend and hold the wireless provider and its officers, employees and agents harmless from and against all claims, causes of action, losses, expenses, liability or damages (including reasonable attorneys’ fees and costs), and including without limitation for any personal injury or death, arising in any way directly or indirectly in connection with the provision or use of the wireless service. This provision shall survive the termination of this Terms and Conditions Agreement.
You acknowledge that these Terms and Conditions are assignable by FBFS and/or IMS as applicable.
Your service may be temporarily suspended or permanently terminated upon little or no notice in the event that IMS’ agreement with the wireless provider is terminated or in the event you violate the wireless provider’s acceptable use policy or other network rules and policies. You waive any and all claims against the underlying wireless service carrier, including any roaming carrier, for such suspension or termination.
You are responsible for any access or data fees incurred from third parties (such as your internet provider or mobile carrier) in connection with your use and viewing of the App and participation in Driveology. Additionally, you are aware that your use and viewing of the App will result in battery usage on your smart device.
No failure, delay or omission by FBFS, OA and/or IMS to exercise any right or power it has under these Terms and Conditions shall impair any such right or power or be construed as a waiver of any succeeding breach or any other covenant. Any waivers by FBFS, OA and/or IMS must be in writing and signed by an authorized representative of the waiving party.
If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be invalid or unenforceable in any respect, then the remaining provisions of these Terms and Conditions, or the application of such provisions to persons or circumstances other than those as to which it is invalid or unenforceable, shall not be affected thereby, and each such provision of the Terms and Conditions shall be valid and enforceable to the extent granted by law.
These Terms and Conditions constitute the entire agreement between the parties as it relates to participation in the Driveology program, use of the App, including, but not limited to, the license and use of the firmware and firmware documentation, and the subject matter of these Terms and Conditions, and supersedes all prior or contemporaneous agreements, negotiations, representations and proposals, written or oral, between FBFS, OA and/or IMS and you. There are no provisions, warranties, conditions, representations, undertakings, agreements, or collateral agreements between FBFS, OA and/or IMS and you other than as set out in these Terms and Conditions.
Except as otherwise specifically stated in these Terms and Conditions, the provisions herein are for the benefit of the parties and not for any other person or entity (provided that the foregoing does not affect any right or remedy of a third party which exists or is separately available to such third party, including licensors of any third party firmware); provided, however, you agree that OA and IMS are third party beneficiaries of this agreement as provided herein.
If there is any inconsistency between the Terms and Conditions and any firmware license or end user agreement provided in the packaging of any portion of the Device or on the App, the provisions of these Terms and Conditions shall control. If there is any inconsistency between the Terms and Conditions and any firmware license or end user agreement provided in connection with any firmware update, the provisions of such other license or end user agreements shall apply, to the extent of the inconsistency, unless to the extent otherwise expressly provided therein.
You agree to defend, indemnify, and hold harmless FBFS, OA and/or IMS, and their directors, officers, employees, shareholders, affiliates, agents and third-party suppliers and licensors as applicable (collectively the "FBFS Parties") from and against any claims, actions, demands, losses, liabilities, damages, costs and expenses suffered by such persons, including without limitation, reasonable legal and accounting fees, alleging or resulting, directly or indirectly, from or in any connection with your (or any user of your account's) breach: (a) of these Terms and Conditions; or (b) of the firmware (and any third party firmware).
These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Iowa, without giving effect to any principles of conflicts of laws. You consent to exclusive jurisdiction and venue in Polk County, Iowa and waive any objections or defenses based on lack of personal jurisdiction or venue.
1 Driveology: The Science of Safe Driving is a registered trademark of FBL Financial Group, Inc.