American Family Mutual Insurance Company, S.I. KnowYourDrive Smartphone Terms & Conditions

Welcome to KnowYourDrive Smartphone, American Family's 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. Program Overview Your participation in KnowYourDrive Smartphone allows American Family to incorporate your driving behavior as captured by the app on your smartphone into the rates you pay for auto insurance coverage. You have the opportunity to save money and receive a better rate for your insurance 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 and your family members become safer and smarter drivers. 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 KnowYourDrive Smartphone:

  • Enrollee (or "you") must be a named insured on the insurance policy. By enrolling in the Program, you represent that you are a named insured and an operator. You also represent that you have the proper authority and consent of all other operators on the policy account to enroll them in the Program.
  • At least one vehicle on the policy account must be insured by American Family Mutual Insurance Company, S.I. or one of its participating subsidiaries and must carry Bodily Injury and Property Damage (BI/PD) coverage.
  • All smartphones associated with your policy must download the app through a link sent by the Administrator via text message and begin using it within 28 days of receiving the text message or you could be removed from the KnowYourDrive Smartphone program and your Introductory Discount or Program Discount (described below) could be impacted.
  • You and all operators listed on the policy:
    • Are accepting these Terms & Conditions by participating in the Program.
    • Must have a compatible smartphone with an adequate data and coverage plan and participate in the Program.
    • 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.
  • All smartphones 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 termination of your participation in the Program.
  • The app must be installed with background refresh and location services active, 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

After you inform all operators listed on your policy that you accept our terms and conditions, you and all operators must complete the Program registration by downloading the app on your respective smartphones. The smartphone app collects the 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. On average, the app uses about 30-70MB of data per month per phone. 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.

Premium Impact

Subject to our rate filings and the rating regulations in your state, you 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 maybe smaller than the Introductory Discount. At every renewal and other full-term changes to the policy, we will reevaluate the last 12 months of driving data to calculate the new premium or discount, subject to our rating factors, variables, rate filings and rating regulations in your state.

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 also 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 reserves the right to collect data as long as the app is in use.

Privacy

The companies of American Family Insurance Group recognize the importance of our customers' trust. Keeping our customer's personal information confidential is a top priority for all American Family Insurance employees, agents and staff. Our privacy policy can be viewed at http://www.amfam.com/security/privacy.asp

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 withdrawn from the Program, any operator's request to withdraw from the Program, your removal from the Program by American Family, any operator's removal from the Program by American Family, or upon our termination of the Program. If you or any operators participation in the Program ends for any reason, including if the Program is terminated, the Program Discount will no longer apply and you 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 cancel 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 your account'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 you 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 your 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 your 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, AMERICAN FAMILY IS NOT LIABLE IN ANY RESPECT FOR FALSE REPRESENTATIONS ON YOUR 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.