This End User License Agreement ("Agreement") outlines the terms related to your use of this Application provided to you jointly by Allstate Insurance Company of Canada, Modus Solutions LLC and their affiliates. For purposes of this Agreement, you will be referred to as "You" or "End User" (or if a minor, potentially "Your Parent" or "Your Guardian"), Allstate Insurance Company of Canada shall be referred to as "We" "Our" or "Allstate".
This Agreement does not change or amend in any way the Usage Rules set forth in the App Store Terms and Conditions or in the Google Play Terms of Service, whichever is relevant.
Allstate reserves the right, in its discretion, to modify or change the terms of this Agreement at any time without prior notice to you. Your continued use of the Application following the posting of any changes to the Agreement constitutes acceptance of those changes.
LICENSE. Provided you comply with all terms and conditions of this Agreement, Allstate grants you a revocable, limited, non-transferrable license to use the TESTDrivewise Application (the "Application") on any iPhone or Android phone that you own or control and as permitted by Usage Rules set forth in the App Store Terms and Conditions or the Google Play Terms of Service, whichever is relevant.
UPDATES: By agreeing to the terms of this Agreement, you also agree to received updates, upgrades, and patches to the Application that enable it to continue to perform the functions specified in the "Data Collection" description, below.
AGE REQUIREMENT. This Application is available to users of all ages. However, if you are under the age of 18, you shall review this Agreement with your Parent or Guardian to make sure that you and your Parent or Guardian understand the terms contained in this Agreement. Allstate does not condone the operation of motor vehicles by underage and/or unlicenced individuals.
DISCLAIMER OF WARRANTY. This Application is licensed "as-is", "with all faults", and "as available." You bear the risk of using it. Allstate, on behalf of itself, the creator of the application, distributors 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. Allstate does not warrant that the functionality or operation of the Application will be uninterrupted or free from error, that any defects in the Application will be corrected, or that the Application or the server(s) that makes it available are free of viruses or other harmful conditions or components.
DATA COLLECTION. Data is uploaded from the Application based on trip information. Data captured includes trip start and end time, distance, hard stops, and speed during a trip. In addition, the Application captures trip route information (GPS enabled) and mobile device information including operating system data collected from the Application, and can be viewed on the mobile device.
At the conclusion of a cycle, being a trip measured by the Application, the trip information accumulated by the device will be uploaded, summarized, and scored to provide an assessment of your driving. That assessment will be sent back to your device so that you can review it. Data will not be stored or retained by Allstate.
If you consent to send the data to Allstate using the ‘Send to Allstate’ feature of the application, Allstate will receive and retain your trip data and your driving assessment data. In addition to collecting and retaining the data described above, Allstate will also receive and retain your full name, postal code, and telephone number. If provided, Allstate will also receive and retain your email address for marketing purposes. Your full name, postal code, and telephone number will be used to confirm your use of the application and your eligibility for an additional enrollment discount in the TESTDrivewise program. This discount is only available to Allstate customers that enroll in TESTDrivewise.
No data will be collected once your program participation has ended. On concluding your participation we recommend that you uninstall the Application from your mobile device.
ESTIMATED DISCOUNT. The discount range presented in the Application is calculated based on a minimum of data 1) gathered by the device alone; or 2) gathered by the device and adjusted by your use of the data calibration options. This is not the discount that you will receive as a participant in the On-Board Diagnostic II (OBD II)-based Drivewise program. Your discount will be based on the data from the OBD II device only. The TESTDrivewise application range discount is, rather, an estimate based on limited data you have provided.
USE OF INFORMATION. Allstate gathers and combines data from the Application for the purpose of providing you with a sample score and a representation of your possible experience in the Drivewise program using an OBD-II device. Data collected from the Application may be provided to insurance regulators to support rate or other insurance related filings. Data may also be disclosed to third parties, as required by law, and may be deemed discoverable by third parties and used in an accident investigation and/or litigation. Allstate and/ or you may be legally required to provide the data to others and /or their legal counsel. You should not expect to retain any privacy or confidentiality related to your use of the Application. By using this Application, you consent to the use and disclosure as set out herein.
CELLULAR OR WIRELESS SERVICE. The Application transmits data via your wireless carrier or accessible Wi-Fi network. Allstate is not responsible or liable for any data charges associated with the use of any applications, including the TESTDrivewise Application. Service may occasionally be restricted, interrupted, or discontinued due to conditions such as, but not limited to: application design, network coverage, government regulation, or other situations beyond Allstate’s control.
LOCATION-BASED SERVICES. The Application transmits data regarding your GPS location. You may turn off Location Services for the Application, however no data will be collected during this time.
OWNERSHIP. The Application, including all text, graphics, user and visual interfaces, trademarks, logo, computer code, documentation and other content (collectively, "Content"), is the exclusive property of Allstate and Modus Solutions LLC and is protected by copyright, trademark, and other intellectual property laws. Except as expressly provided in this Agreement, no part of the Application or Content may be copied, reproduced, sold, republished, reposted, or otherwise distributed for public or commercial use.
LIMITATION OF LIABILITY. To the extent permitted by law, Allstate 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 Application, even if Allstate has express knowledge of the possibility of such damages. Allstate does not endorse the use of mobile devices while operating motor vehicles and Allstate promotes distraction-free driving. You should not use this Application while you are simultaneously operating a motor vehicle. Allstate has no responsibility, and will in no way be held liable, for the security of the End User’s mobile device or for any damage caused to the End User’s mobile device arising from use of the Application. You agree not to seek to recover any damages, including consequential, lost profits, special, indirect, or incidental damages from Allstate or any distributor of the Application.
SUPPORT SERVICES. The Application is provided "as is." The creators of the Application, the distributors of the Application, your phone manufacturer, and your network operator are not responsible for providing maintenance or support services for the Application. If you believe that this Application has been described inaccurately, Allstate shall comply with all federal laws.
JURISDICTION AND GOVERNING LAW. This Application is controlled, operated, and intended for use only in Canada. We do not represent that materials in this Application are appropriate or made available for use outside of Canada. This Agreement shall be governed by and interpreted according to the law of the province of Ontario, excluding that body of law applicable to the conflicts of law.
SEVERABILITY. If any provision of this Agreement 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. Allstate's failure to enforce any right or provision in this Agreement will not constitute a waiver of such provision, or any other provision in this Agreement.
MISCELLANEOUS. You agree to comply with all local, provincial, and federal laws, statutes, ordinances, and regulations that apply to your use of the Application.
Last updated: October 1, 2014