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”). Downloading and activating the application (“App”) by you on your smartphone and your use of the App constitutes your acceptance of these 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 rights, title and authority, as applicable, to participate in the Driveology program and to install the Tag 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 Tag. 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.
App and Tags
When you enroll in the Driveology program, you confirm that you have a smartphone (iPhone or Android), which is compatible with the App, and have and will maintain a data plan at all times. The data plan provides for accuracy of data collection. If your smartphone is not compatible, the App will not be available for you to download. When the App is downloaded, and the data collection Tag is installed into each vehicle enrolled in Driveology (“Tag”) they will record information that is then received by FBFS and Cambridge Mobile Telematics (CMT), our third-party telematics service provider. You agree that you will not modify or attempt to modify, or reverse engineer, or attempt to reverse engineer, or disassemble, or alter, the Tag in any way.
The App uses a certain amount of power from the smartphone battery. Care should be taken in ensuring the smartphone is charged and turned on when driving to record the information for the Driveology program. The App may require periodic updates and you agree that updating the App from time to time is your responsibility. The App, once downloaded, is not to be deleted or turned off as the App will be activated each time you start a trip. The location services (GPS) should be on at all times to provide for accurate data collection.
ACTIVATING THE APP FOR EACH TRIP:
Once installed and activated, the App must be running at all times because the App will detect and record when you start a trip. The App will detect and record your trips on your smartphone. The App will identify all trips as “driving” trips (i.e., where the App determines that you were operating a vehicle) or "non-driving" trips (i.e., where the App determines that you were not operating a vehicle). You will be able to manually exclude trips where you were not driving. Any exclusion must be completed within 30 days of the trip or it will be deemed a driving trip.
You acknowledge Driveology is an optional program in which you are voluntarily participating. If the Tag interferes in any way with the ability to operate the vehicle, you will immediately remove the Tag and notify FBFS of the same. At no time will you keep the Tag in a vehicle if doing so poses a danger in the use or operation of the vehicle.
You agree that FBFS will not be liable for direct or consequential damages caused directly or indirectly by the Tag and agree to hold FBFS harmless from and against such damages, including, but not limited to, damages to the vehicle to which the Tag is installed, 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.
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 App and Tag (“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 Tag, and information about your claims history, will be provided to FBFS’ telematics service provider, Cambridge Mobile Telematics (“CMT”), and their Related Persons. “Related Persons” means any of CMT’s affiliates, and any officers, employees, agents, subcontractors, successors, assigns, or personal representatives of CMT or any of its affiliates. The Data and other information will be provided to CMT and their Related Persons to assist FBFS in assessing risk for you. If required by any law applicable to FBFS and CMT, your agreement to these Terms and Conditions shall be deemed your request for FBFS and CMT 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 App for compatible smartphones. Provided that you comply with all of these Terms and Conditions, we grant you a revocable, limited and non-transferrable license to use the App on any smartphone that you own or control and as permitted by Usage Rules set forth in the Apple App Store Terms and Conditions or the Google Play Terms of Service, whichever is applicable. 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 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 Tags; Removing Tags; Switching Smartphones
You will not move a Tag from one vehicle to another without the express permission of FBFS. Removal of a Tag from a vehicle may affect the vehicle’s eligibility for the Driveology program, including eligibility for any associated discounts.
If you terminate your participation in Driveology for a vehicle, the App and Tag 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 Tag from the vehicle thus ending its Data collection and delete the App from your smartphone.
To transfer the App to another smartphone, the App must be installed and activated on the smartphone by you when you enroll in Driveology. Transferring of the collected information to a different smartphone is permitted by following the procedure when downloading and activating the App.
GPS; Use Restrictions; Wireless Services
Data from the App and Tag is transmitted to CMT. You acknowledge that CMT will be available to receive Data from the App and Tag at least once in every 24-hour period (provided that CMT shall have no responsibility for its inability to receive Data due to lack of cellular coverage or other force majeure conditions as long as CMT is available to receive the Data).
Furthermore, you acknowledge that the App and Tag 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 App 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 Tag 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 Tag, the App and any resulting reports. You agree that the Tag 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 Tag, the App, and/or 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 CMT, 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 CMT or its licensors); (e) use firmware in conjunction with any third party product or service not-supplied by CMT; 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 App and Tag transmits Data through the use of wireless services. You will have the choice managed from within the App, to send the Data only through Wi-Fi networks or through cellular networks. You or the owner of the data plan for the smartphone will be responsible for any data charges and expenses associated with the use of the App.
SMS texting will be utilized for the Driveology program. FBFS may use an automatic messaging system to deliver text messages to you. By your enrollment in the Driveology program, you expressly consent to FBFS directly or to third-parties acting on its behalf to send marketing or promotional messages – including text messages and telephone calls made using an automatic telephone dialing system or pre-recorded or artificial voice messages – related to Driveology to the phone number you provide. This consent is not required to obtain any good or service.
FBFS reserves the right to terminate SMS service, in whole or in part, at any time without notice. The information in any message may be subject to certain time lags and/or delays. You are responsible for managing the types of SMS texts you receive. If you have any questions or need help please email email@example.com, or call 866-399-3237.
CHARGES FOR SMS TEXTING:
FBFS does not have a separate charge for the text message service; however, message and data rates may apply from your wireless service provider.
By providing your consent to participate in text messaging, you approve any such charges from your service provider. Charges for text messages may appear on your mobile phone bill or be deducted from your prepaid balance.
UNSUBSCRIBING TO SMS TEXTING:
To stop receiving text messages, text “STOP” to the most recent text sent to you regarding the Driveology program. By enrolling in the Driveology program, you consent that following such a request to STOP, you will receive one (1) final message from FBFS confirming that you have been inactivated in our system. Following such confirmation message, no additional text messages will be sent unless you re-activate your subscription by texting START to the same number. Driveology texts will also end if you terminate your participation in the Driveology program.
CHANGES TO YOUR WIRELESS NUMBER:
. If your wireless number changes while you are enrolled in Driveology, you are responsible for updating your information with us. You may update this information by contacting your agent.
CANCELED CONTRACTS AND STOLEN PHONES:
You must unenroll from the text messaging if you discontinue your phone service or lose your mobile phone.
SMS TEXTING ADDITIONAL LIMITATIONS OF LIABILITY:
There are a number of factors outside of our control that can impact or delay the delivery of your text messages. These factors may include restrictions made by your wireless service provider and disruptions to your wireless service. Text messages are provided for your convenience and do not replace your monthly billing statement(s), which are the official record of your accounts. We do not assume any liability or responsibility for a failure or delay in transmitting the text messages to you or for any errors in the information contained in the text messages.
We also do not assume any liability for any losses or damage (a) caused by the disclosure of information to your mobile phone when the phone is another person's possession; or (b) to your data, mobile phone or other equipment caused by the use of text messaging, unless directly and solely caused by our negligence or willful default. Additionally, you agree to indemnify, defend and hold FBFS harmless from and against any claims, losses or costs (including reasonable attorneys' fees) arising from your provision of a phone number that is not your own or your violation of applicable state and federal laws and regulations.
Terminating Participation in the Driveology Program
You can terminate your enrollment in the Driveology program at any time, by requesting your agent to unenroll you from the program and uninstalling the App.
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 smartphone.
No failure, delay or omission by FBFS and/or CMT 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 subsequent breach or any other covenant. Any waivers by FBFS and/or CMT 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 Tag, 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, and/or CMT and you. There are no provisions, warranties, conditions, representations, undertakings, agreements, or collateral agreements between FBFS and/or CMT 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 CMT is a third party beneficiary 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 Tag 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 and/or CMT , 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.
By downloading and activating the App, you consent and agree to: (a) your participation in the Driveology program, (b) these Terms and Conditions as they apply to you, (c) the collection and disclosure to FBFS and CMT of your personal information, including Data, in the manner and for the purposes described in these Terms and Conditions, and (d) the retainer and use by FBFS and CMT of your personal information, including Data, as described in these Terms and Conditions.