American Family Mutual Insurance Company, S.I.
KnowYourDrive Smartphone Terms & Conditions
Welcome to KnowYourDrive Smartphone, American Family’ usage-based auto insurance program (“KnowYourDrive Smartphone” or “Program”). This document contains important information about your rights, benefits, costs and limitations under the Program. You should read it carefully before deciding to participate because your participation in the Program means that you accept the Terms & Conditions. We may modify the Terms & Conditions without notice at any time at our discretion and your continued participation in the Program means that you accept those changes. You can always view the most current version of the Terms & Conditions document by logging into the KnowYourDrive Smartphone app.
Your participation in KnowYourDrive Smartphone allows American Family to incorporate your driving behavior as captured by the app on your smartphone into the rates paid for the auto insurance policy that covers you. The person who owns the policy (“Policyholder”) has the opportunity to save money and receive a better rate for the policy through participation in the Program.*You will be able to access your driving information through a smartphone application to obtain feedback which may help you become a safer and smarter driver. The KnowYourDrive Smartphone program is administered by a company (“Administrator”) on behalf of American Family through a downloadable smartphone application, also known as an ‘app’.
Eligibility & Additional Provisions
The following are necessary to participate in the Program:
- Enrollee (or "you") must be an operator on an auto insurance policy issued or bound by American Family Mutual Insurance Company, S.I. or one of its participating subsidiaries ("Policy") By enrolling in the Program, you represent that you are an operator under the Policy
- At least one vehicle on the Policy must carry Bodily Injury and Property Damage (BI/PD) coverage.**
- You must download the app to your smartphone and begin using it within 28 days of enrollment or the Policy could be removed from the KnowYourDrive Smartphone program and the Introductory Discount or Program Discount (described below) could be impacted. *
- You must accept these Terms & Conditions.
- You must have a compatible smartphone with an adequate data and coverage plan.
- You must agree to the smartphone app terms and conditions. The smartphone app terms and conditions will be made available when the smartphone app is downloaded. The smartphone app terms and conditions are between you and the Administrator and may place additional responsibilities on you and/or limit your rights against the Administrator.
- You must transmit information through the app at least every 28 days. Failure to do so may result in the loss of the Introductory Discount or Program Discount and/or termination of your eligibility to participate in the Program
- The app must be installed with phone permissions set to allow the app to work properly, report driving data for a minimum of 90 days after the initial trip, and report a minimum number of driving hours during that period for a Program Discount to apply.
How it works
Once you have downloaded the app and it is in use, the app collects your driving data. This data is securely stored within the Administrator’s systems and securely transferred to American Family.
The app uses your smartphone data plan to upload information to the Administrator’s data storage system. The amount of data used by the app will fluctuate based on how often and how far you drive. It is your responsibility to maintain a data plan sufficient to allow for this usage and American Family is not responsible for any data charges (including overage charges) associated with use of the app. It is also your responsibility to protect your smartphone and smartphone app user name and password from unauthorized parties.
Subject to our rate filings and the rating regulations in the state where the Policy is issued, the Policyholder will receive an “Introductory Discount” upon acceptance into the Program. The Introductory Discount will be applied until enough data is captured to determine if a “Program Discount” should be applied. The Program Discount may be smaller than the Introductory Discount. At every renewal and when other full-term changes to the Policy occur, we will reevaluate your driving data to calculate the new premium or discount, subject to our rating factors, variables, rate filings and rating regulations in the state where the Policy is issued.*
The Smartphone Application or App
You acknowledge and agree that the rights in the software comprising the smartphone app remain either with American Family or the Administrator (as applicable) and that you have no rights in the smartphone app. American Family hereby grants you a non-exclusive, limited, revocable, non-transferable, non-sub-licensable license to install and use the smartphone app as specified herein, if American Family owns or has the right to license the smartphone app, otherwise the license will be granted by the Administrator under its terms and conditions. If at any time you terminate your participation in the Program or otherwise violate these Terms & Conditions, your license will automatically terminate.
You have no right to, will not, and will not allow others to: (a) reverse engineer, disassemble, decompile or otherwise attempt to derive, discover or reconstruct the smartphone app (b) remove, alter, cover or obfuscate any proprietary rights notices placed or embedded by American Family or the Administrator on the smartphone app or (c) alter, modify, adapt or create derivative works of the smartphone app.
You agree that American Family is not liable for any mechanical breakdown, software malfunctions, or unexplained issues involving the smartphone or a vehicle before or after the app is used including, but not limited to, smartphone battery depletion, vehicle battery depletion, check engine light activation, electrical issues, or mechanical issues. These Terms & Conditions do not give you any rights against American Family as a result of any smartphone or vehicle issues.
Data Collection and Use
The app will capture driving data such as geo-positional data and accelerometer data for American Family’s analysis and future research. The data will be used to determine when the Program Discount begins. * American Family will gather detailed driving data, including but not limited to: accelerations, speed, braking, hours driven, and time of day driven. By participating in the Program, you acknowledge American Family’s right to use the data and information as described in these Terms & Conditions and agree: (1) to allow American Family to access, use, and retain your information and data captured by the app (2) that American Family may retain the collected data indefinitely (subject to applicable law) and (3) American Family has the right to start collecting data as soon as the app is installed and to continue collecting data for as long as the app is in use.
We will protect the data collected from the app. However, the collected data may be deemed discoverable for an accident investigation or litigation purposes and therefore, American Family and/or you may be legally required to provide the data to others. Other than the above-mentioned situations, American Family will not disclose or use data obtained from the app to evaluate or resolve claims without your consent.
Term and Termination
These Terms & Conditions are effective upon enrollment and terminate on the earliest of your request to withdraw from the Program, your removal from the Program by American Family, or upon our termination of the Program. If all operators listed on the Policy stop participating in the Program for any reason, including if the Program is discontinued, the Program Discount will no longer apply, and the Policyholder will not be entitled to any reimbursement or other compensation. *
Participation in the Program is voluntary and you or any operators listed on the Policy can withdraw from participation at any time. However, the Policy account may be restricted from re-enrolling depending on underwriting requirements. If American Family determines that you or any operators listed on the Policy are not complying with these Terms & Conditions, American Family may, in its sole discretion, immediately terminate the Policy’s participation in the Program. Further, noncompliance with these Terms & Conditions or discontinued participation may result in the loss of any applicable Program Discounts and the Policyholder may lose eligibility to re-enroll in the Program in the future. *
Disclaimers and Limitations
If the Terms & Conditions of the KnowYourDrive Smartphone Program conflict with laws of the state for which the Policy is issued, the terms will change to conform to those laws. Any disputes to the terms and conditions provided will be governed by the laws of the state shown in the declarations of the Policy.
American Family does not guarantee that the app and the use thereof will prevent high risk events, unsafe driving, collisions or that other events will be prevented as a result of your enrollment in the KnowYourDrive Smartphone Program. American Family also does not guarantee that all high risk events, collisions, unsafe driving or other events will be recorded. American Family does not guarantee against the failure of the app, the recording of incorrect data, or guarantee full-time availability of the app or access to data. Your service may be temporarily suspended or permanently terminated at any time for any reason.
AMERICAN FAMILY HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES WHETHER EXPRESSED, IMPLIED, OR STATUTORY INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE APP. AMERICAN FAMILY'S SOLE LIABILITY UNDER THIS AGREEMENT AND YOUR EXCLUSIVE REMEDY UNDER THIS AGREEMENT IS LIMITED TO TERMINATION OF THE AGREEMENT. IF THE DISCLAIMER OF ANY IMPLIED WARRANTY IS NOT PERMITTED BY LAW, THE DURATION OF ANY IMPLIED WARRANTY IS LIMITED TO NINETY (90) DAYS FROM THE DATE OF ENROLLMENT.
YOU HEREBY ACKNOWLEDGE THAT AMERICAN FAMILY IS NOT LIABLE IN ANY RESPECT TO YOU OR PASSENGERS IN YOUR VEHICLE FOR PROPERTY DAMAGE, PERSONAL OR BODILY INJURY OR DEATH OR OTHER DAMAGES ARISING OUT OF, PERTAINING TO, OR RESULTING IN ANY WAY FROM THE USE, POSSESSION OR INSTALLATION OF THE APP OR ENROLLMENT IN THE PROGRAM. IN ADDITION, AMERICANFAMILYISNOTLIABLEINANYRESPECTFORFALSEREPRESENTATIONSONYOUR PART,LOST OR STOLEN USER NAMES AND PASSWORDS RESULTING IN UNAUTHORIZED ACCESS TO YOUR DATA, OR INTENTIONAL MALICIOUS INTENT STEMMING FROM THE UNAUTHORIZED USE OF THE APP. NOTWITHSTANDING ANYTHING HEREIN, IN NO EVENT IS AMERICAN FAMILY LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. HOWEVER, CAUSED AND UNDER ANY THEORY OF LIABILITY WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE.
*American Family employees, agents, and staff members of American Family agents who use the KnowYourDrive Smartphone app for testing purposes are not entitled under any circumstances to either an Introductory Discount or a Program Discount in connection with such testing If American Family employees, agents, and staff members of American Family agents who use the KnowYourDrive Smartphone app for testing purposes are also enrolled in the Program under a Policy that covers them, those individuals may be eligible for the Introductory Discount or Program Discount applicable to that Policy.
**This requirement does not apply when the KnowYourDrive Smartphone app is used for testing purposes by American Family employees, agents, and staff members of American Family agents.