Streetwise™ Application Terms of Service
This agreement outlines the terms (the “Terms”) related to your use of the Streetwise application (the “Application”) provided to you by Arity, LLC (“Arity”). Your use of and access to the Application are governed by these Terms. You accept these Terms by either (a) clicking to agree to these Terms, where this option is available; or (b) using the Application, in which case you are agreeing to be bound by these Terms.
Unless expressly stated, these Terms do not modify any other terms set forth in any application marketplace, including, but not limited to, the Apple App Store Terms and Conditions and Google Play Terms of Service or as otherwise required by any application marketplace provider (“Application Marketplace Provider”). If the Application is downloaded from the Apple App Store, to the extent necessary for these Terms to comply with Apple’s applicable Instructions for Minimum Terms of Developer’s End-User License Agreement (“Apple’s Minimum Terms”), Apple’s Minimum Terms are hereby incorporated into these Terms.
Arity reserves the right, at its discretion, to modify these Terms at any time. If you do not agree to these Terms as modified, you must stop using the Application. Your continued use of the Application following the posting of any changes to these Terms constitutes your acceptance of those changes.
Your right to use the Application terminates automatically if you violate these Terms.
You and Arity acknowledge that these Terms are entered into between you and Arity, and not between you and any Application Marketplace Provider. You further acknowledge that Arity is solely responsible for the Application.
Arity grants you a revocable, limited, non-transferrable, non-exclusive license to use the Application on any compatible device that you own or control and as permitted by all applicable terms set forth in any applicable application marketplace.
If you are under the age of 18, you must review these Terms with your parent or legal guardian to ensure that you and your parent or legal guardian understand and accept these Terms.
Data Collection and Use of Data by Arity
The Application collects a sampling of data that begins when motion is detected over a certain distance and data collection stops when motion is no longer detected for a specified amount of time. Location services must be enabled in the Application and on your device in order to collect data. Data from the Application is uploaded and transmitted to Arity. Data captured includes, but is not limited to, trip start and end time, miles, acceleration, braking behavior, cornering and speed during a trip. In addition the Application captures trip route information (GPS enabled) and mobile device information including IMEI and operating system. For a complete list of data the Application is capable of collecting, visit http://www.aritylimited.com/productdetails/appdata.html. Data may continue to be collected until the Application is removed from your device. If you wish to end your participation, you must uninstall the Application from your device.
To facilitate accurate data collection, you are responsible for ensuring that the most current version of the Application is installed on your device.
Arity gathers and combines data from the Application for the purpose of determining driving behavior as well as analysis and risk evaluation. The collected data may be retained indefinitely. Your acceptance of these Terms permits the use of all past and future data gathered since the first installation of the Application.
Sharing of Information with Third Parties
Arity may work with other companies to provide you with services and benefits. These parties are collectively referred to in these Terms as "Service Providers." For example, Service Providers may include, without limitation, insurance companies, insurance agencies, telecommunications providers, wireless service providers, emergency personnel, towing companies, vehicle manufacturers, dealers, rewards platform administrators, equipment and software manufacturers, distributors, licensors, content providers, and any other person or entity who provides any service, equipment, content, features or facilities in connection with these programs and services. If any of the Service Providers imposes additional terms and conditions on the services it provides, those terms and conditions will be conveyed to you by those Service Providers.
Where legally permissible and available, Arity may offer additional products and services that utilize driving information, including your identity and location. Arity may use or share this data with third parties to develop and provide those services to you. We will ask for your consent before using personally identifiable information for a purpose other than those that are set out in these Terms. In addition, future services may permit you to share information with third parties. Please keep in mind that once you share your information publicly, it may be further distributed and accessed by other third parties.
In addition, Arity expects to use data collected from the application to develop new products and services and to provide, maintain and improve existing products and services. In the process, Arity may share data with affiliated companies. Arity may also share data with third parties in a manner where it is anonymized, aggregated, or both, for any lawful purpose. If Arity shares such data with unaffiliated third parties, that data will not include personally identifiable information about you.
Use of Information as Part of Insurance Programs
Your Access to Data
You may request access to the driving data collected by the Application, and Arity will provide you with the requested data so long as the request meets what Arity determines to be a legitimate need related to the operation of a motor vehicle and is appropriately reasonable in scope. Arity may reject requests that are unreasonably repetitive, require technical effort disproportionate to any use of the information, or would be impractical.
Disclosure to Third Parties
Arity may be required by law to disclose data collected by the Application to third parties, and all data may be deemed discoverable by third parties and used in accident investigations, litigation or both. You or Arity may be legally required to provide the data to third parties and their legal counsel. You should not expect to retain any privacy or confidentiality related to the use of the data captured through the Application.
Certain data may also be exposed via internal and external application programming interfaces. You hereby expressly consent that Arity may disclose to third parties any data necessary to respond to claims of violation of the rights of third parties and to protect Arity’s rights or property.
The Application transmits data via your wireless carrier or an accessible Wi-Fi network. Arity is not responsible or liable for any data charges associated with the use of the Application or any other applications. The service may occasionally be restricted, interrupted or discontinued due to conditions including, but not limited to: application design, network coverage, government regulation, or other situations beyond Arity’s control.
The Application transmits data regarding your GPS location. If you turn off location services for the application or your device, GPS data will not be captured and the application functions will not operate effectively.
Ownership of Arity Intellectual Property and Data
The Application, including all text, graphics, user and visual interfaces, trademarks, logos, computer code, documentation and other content (collectively, the "Content"), is the exclusive property of Arity or its affiliates and is protected by copyright, trademark and other intellectual property laws. No part of the Application or Content may be copied, reproduced, sold, republished, reposted or otherwise distributed for public or commercial use. Further, you acknowledge and agree that Arity or its affiliates owns the data gathered by the Application.
In the event of a third party claim that the Application or your possession or use of the Application infringes that party’s intellectual property rights, you and Arity acknowledge that Arity, and not any Application Marketplace Provider, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
You shall not and shall not permit others to:
- interfere with the operation of the Application or another’s use of the Application;
- introduce any viruses, worms, malware, trojans, or other malicious or disruptive code;
- impersonate any person or entity, provide false information required for obtaining access to the Application;
- reverse engineer, decompile, or otherwise attempt to derive source code of the software that powers the Application;
- create or use any script or automated tool that attempts to create multiple ways to access or use the Application;
- attempt to gain unauthorized access to the Application or any computer system used to provide the Application, circumvent any access restriction or
security measures with respect to the Application, or disclose your access information or otherwise give access to the Application to any third party.
- tamper, alter, modify, change, disassemble, reverse engineer, copy, or duplicate in any manner the Application or its associated code.
The Application is provided "as is." Arity, the Application Marketplace Providers and the Service Providers are not responsible for providing any maintenance or support services for the Application.
Disclaimers, Limitations, Exclusions and Indemnity
The Application is provided on an “as is,” “without any warranty,” and “without any liability” basis. Arity does not guarantee the quality, accuracy, completeness, or timeliness of the Application and, to the maximum extent permitted by law, Arity expressly disclaims any warranty of any kind with respect to the Application, including regarding their availability, quality, accuracy, fitness for any use or purpose, compatibility with any standards, or non-infringement. To the maximum extent permitted by law, Application Marketplace Providers shall have no warranty obligations whatsoever with respect to the Application.
Arity, the Application Marketplace Providers and the Service Providers’ liability for damages caused by the Application shall be limited to the direct property damage to the device in which it is installed caused by Arity’s negligence or willful misconduct, but in no case greater than $100. To the extent permitted by law, neither Arity, the Application Marketplace Providers nor the Service Providers will be liable for any special, incidental, exemplary, punitive, or consequential damages arising out of, related to or in connection with the Application, services, or its use whether based in contract, tort, negligence, strict liability or otherwise. This includes, but is not limited to, any damages arising from third party access to personal information input in the Application, even if Arity has express knowledge of the possibility of such damages. You shall not seek to recover any damages, including consequential, lost profits, special, indirect or incidental damages from Arity, the Application Marketplace Providers or the Service Providers outside of the conditions set forth in these Terms. You must file any lawsuit or other action directed against Arity or its employees, subsidiaries, affiliates, Application Marketplace Providers, Service Providers, or parent companies regarding such damages within one year from the date of the event that caused the damage.
You hereby agree to indemnify, defend, and hold harmless Arity, the Application Marketplace Providers and the Service Providers from and against all claims, losses, expenses, damages, or costs (including, but not limited to, direct, incidental, consequential, exemplary, and indirect damages) and reasonable attorneys’ fees resulting directly or indirectly from or arising out of your use of the Application or your violation of these Terms.
Subject to the terms and conditions contained herein, you and Arity acknowledge that Arity, and not any Application Marketplace Provider, is responsible for addressing any of your claims or the claims of any third party relating to the Application or your possession and/or use of the Application.
You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and that you are not listed on any U.S. Government list of prohibited or restricted parties such as the Office of Foreign Assets Control (OFAC) list.
Third Party Beneficiary
You and Arity acknowledge and agree that the applicable Application Marketplace Provider and its subsidiaries are third party beneficiaries of these Terms and that, upon your acceptance of these Terms, the applicable Application Marketplace Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
The Application may only be used in the United States. Arity makes no representation that the materials in the Application are appropriate or available for use outside of the United States.
If any provision of these Terms is held invalid, void or unenforceable, then that provision is considered severable from the remaining provisions, and the remaining provisions shall remain in full force and effect.
Arity’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such provision, or any other provision in these Terms.
You shall comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Application.
If you have any questions, complaints or other inquiries, please contact Arity at firstname.lastname@example.org.