Last updated: September 1, 2017
2. Programs and Services. Each Program may provide a number of different services (Services), including location-based Services. Available Programs include various insurance programs that involve, in states where permitted, the collection and use of certain vehicle, driving behavior, and/or mobile device data by your Insurance Company. Some Programs or Services may not be available in your state. More information on our Programs and Services is available on the Website. If your selected Program involves a Device, vehicle information may be transmitted first to your mobile device before being transmitted to us.
3. Consent to Receive Electronic Notifications. In order to communicate with you about your Programs, you agree to receive texts and emails if you provide us with a mobile phone number or an email address. Notifications to you may be by live call, an automatic telephone dialing system, a prerecorded voice message or a text message (you agree that data and text fees may apply based on your mobile plan).
4. Product Safety; Device Limitations; Mobile Data Usage. If your Program involves a Device, please read the product safety notice and the Device installation instructions provided with the Device and/or available on the Website before installing the Device. Do not install the Device in a vehicle with a weak or old battery. The Device uses a small amount of electric current even when the vehicle is turned off. The Device will automatically power down when your vehicle is not used for an extended period. The Device will turn on again after you start your vehicle. If you have concerns about your battery’s health after you have installed the Device, please remove the Device immediately and contact support. Devices require use of a paired mobile device with a mobile data plan. Please note that all Programs require a mobile data connection to transmit collected information to us, so you may incur additional mobile data charges depending on your mobile data plan.
5. Disposal or Return of Devices. If your Program involves a Device, you are responsible for safely disposing of the Device or you may return the Device to us.
6. Location, Vehicle, Mobile Device, and Driving Behavior Information. AAA may:
o Use the OnBoard App and/or the Device to collect, transmit, view, and use the location of your vehicle or your mobile device, your driving behavior information (such as braking, acceleration, speed, and time of day), miles driven and analytical and diagnostic data from your mobile device to determine your eligibility to participate in a Program or receive Services;
o May use your designated mobile device to transmit collected information to us;
o Disclose this information to you and others authorized by you through the OnBoard App;
o Disclose this information to third parties to provide you or other authorized users Services or to assist law enforcement; and
o Retain, use, and disclose this information as described in the TOU and the AAA OnBoard Privacy Statement, and as permitted by law.
7. Privacy. Our use of any information collected, stored, disclosed, or transmitted by or from the OnBoard App and Device will be governed by the TOU and the AAA OnBoard Privacy Statement (Privacy Statement). The Privacy Statement is incorporated into this TOU and is available on the Website and the OnBoard App.
8. Consent of Vehicle Owner, Drivers and Occupants. The Device may only be used in vehicles where you are or have the consent of the registered owner, lessor, or lessee. We may verify vehicle registration information. You represent and warrant to us that all drivers and occupants of those vehicles have consented to the collection of information by the Device and to our use of such information.
9. Auto Insurance Discounts. If your Program involves an insurance discount, the Insurance Company may use information collected from the OnBoard App and the Device (including driving behavior and mobile device information where permitted by law) to rate the policy and determine eligibility for insurance discounts in accordance with the Insurance Company’s rules. The insurance policy constitutes the insurance contract between the Insurance Company issuing the policy and the insureds named in the policy. For example, if your vehicle is enrolled in a Program that involves an insurance discount, information about the vehicle or your mobile device, miles driven and driving behavior from the Device and/or the OnBoard App (e.g., braking and speed) may be used to determine the annual mileage and certain insurance discounts.
10. If You Are Involved in an Auto Accident. The information collected from the OnBoard App and the Device may be used in the investigation of an automobile accident. You may have a legal obligation to preserve this information. If you have an insurance claim with us, we will not use this information in connection with the claim without first obtaining your permission. We may provide this information to third parties in a lawsuit or the police in response to a subpoena or as required by law.
11. Changes to the TOU. We may change the TOU at any time. If we make any changes, the updated TOU will be available on the Website or through the OnBoard App. Please visit this Website on a regular basis for the most recent version. Your continued participation in any Program, use of the OnBoard App, Device, or Services after the TOU has changed will mean that you agree with the updated TOU. If you do not agree with the updated TOU, you must end your participation in all Programs and delete the OnBoard App, and, if applicable, return or safely dispose of the Device.
12. Ownership of Device and the OnBoard App. We grant you a royalty free, revocable, non-exclusive, non-transferable, limited license to use the Device and its software and the OnBoard App when you participate in a Program. This license will automatically end when your participation in the Program ends. The Device, OnBoard App, and all software are our property, and we reserve all rights in the Programs. You may not modify, repair, or reverse-engineer the Device or the OnBoard App, or sell or give away the Device. You must remove the Device before you sell or transfer title to your vehicle, or return a leased vehicle.
13. Program Rules. To participate in a Program, you must comply with its rules and eligibility requirements (Program Rules), including the following:
o You must notify us which vehicle has a Device installed in it and if that Device is re-installed in a different vehicle.
o You must safely dispose the Device or return the Device to us in good working condition (normal wear and tear is expected) when you no longer participate in a Program or when we ask you to return it.
o You must maintain the confidentiality of access codes or passwords you create to use a Service and notify us immediately of any unauthorized use or disclosure.
o You may not use the Services for commercial or illegal purposes, including the unlawful surveillance of a person.
More information about our Program Rules is available on the Website.
14. Cancellation and Changes to Programs, Services, and Program Rules. You may cancel your participation in a Program at any time by notifying us. In some circumstances, cancellation requests may require the consent of an insured named on the policy. We may add, change, or cancel any Program, Service, or Program Rule (including eligibility requirements), update or change the OnBoard App or the Device App, terminate your participation in a Program or restrict the availability of Programs and Services at any time and for any reason, without notice.
15. No Warranty. We and our third party suppliers, and our and their respective parent corporations, affiliates and subsidiaries (collectively “AAA Parties”), make no warranties or guarantees, express or implied regarding the Device, OnBoard App, Programs and Services. The Device, OnBoard App, Programs and Services are provided “AS-IS.” We do not warrant nor guarantee the accuracy, timeliness, completeness, suitability, or availability of the Device, OnBoard App, Programs and Services. We expressly exclude any implied warranties, including those of merchantability, fitness for a particular purpose, and non-infringement. By law you may have additional consumer rights that the TOU cannot change.
16. Limitation of Liability; Waivers. The AAA Parties’ liability relating to the Device, OnBoard App, Website, Programs and Services is limited to property damage caused by the Device, OnBoard App, Website, Programs or Services to the authorized vehicle in which the Device is installed. The AAA Parties are not liable for any other damages caused by the Device, OnBoard App, Programs or Services, including without limitation, any damages for bodily injury, damages to other vehicles or property, consequential damages, punitive damages, special damages, indirect damages, and incidental damages. You waive all claims for any other damages caused by the Device, OnBoard App, Website, Programs or Services and any other remedies you may have. These limitations of liability and waivers survive even after your Program has ended and apply to you and anyone making a claim on your behalf or through you. These limitations and waivers are essential to our willingness to allow you to participate in any Program and we would not allow you to participate without them. There may be restrictions on these limitations of liability that vary by state.
17. Indemnity. You will defend, indemnify, and hold harmless the AAA Parties from any and all liabilities, penalties, claims, causes of action, and demands brought by any third party relating to: (a) your breach of the TOU; (b) your use or inability to use the Device, OnBoard App, Programs or Services; or (c) the use or inability to use the Device, OnBoard App, Programs or Services by any person that you permitted to use the Device, OnBoard App, Programs or Services. Your agreement to defend, indemnify, and hold harmless the AAA Parties applies whether the claim against the AAA Parties is based in contract or tort (including strict liability), and regardless of the form of action.
18. Governing Law; Assignment; and Interpretation of TOU. The TOU will be interpreted according to the state law where the Program is offered. We may assign the TOU without notice to you. You may not assign the TOU without our prior written consent, and any attempt to do so is void. You may not transfer your rights to use the Device, OnBoard App, Programs or Services. The TOU is solely for your and our benefit and not for the benefit of any other person. If a part of the TOU is unenforceable, that part will be automatically replaced with terms that most closely match the purpose of the part that we cannot enforce, and the rest of the TOU will not change. Our failure to enforce any part of the TOU does not constitute a waiver by us. The TOU contains our entire agreement and understanding regarding the Device, OnBoard App, Programs and Services.
19. How to Contact Us. You can contact us by email (firstname.lastname@example.org) or by phone (1-866-295-1042) to end your participation in a Program or to return the Device to us. You can also contact us by mail at: AAA OnBoard Program / AAA, Mailstop A105, 3333 Fairview Rd., Costa Mesa, CA 92626.