Aviva Drive Beta test terms of use

Introduction

A. Who Are We?
Aviva UK Digital Limited (“we”, “us” or “our”) is the owner and licensor of the Aviva Drive App v.1.9.

The Aviva Drive App is aimed at promoting and incentivising safer driving, facilitate prompt and proactive response to claims, prevent frauds and reward good drivers (“the Aviva Drive Proposition”). As a part of the Aviva Drive Proposition we currently offer certain insurance discount to both Aviva customers and non Aviva customers over an evaluation period of 200 miles. Driving is measured with a score out of 10, and is based on the driver’s cornering, braking and acceleration.

B. As an extension of the Aviva Drive Proposition we have recently developed a beta version of the Aviva Drive App v.2.0 with an integrated dashcam feature to be introduced to a limited number of existing customers for the purpose of end user testing. The following enhanced features are in scope of the end user testing namely:

i. the dashcam;
ii. collision detection technology; and
iii. the use of the above for proactive claims response and driver behavioural analytics. 
 
(“the Beta App”).

Please refer to the FAQ doc for a detailed description of the above features and the end user test process.

C. The terms of use for the Aviva Drive App v.1.9 “the Aviva Drive TOU” shall continue to apply and govern the use of the Beta App.  This Terms of Use supplements the Aviva Drive TOU and introduces additional terms to cover the use of the Beta App for end user testing.  In the event of a conflict between this Terms of Use and the Aviva Drive TOU, this Terms of Use shall prevail in matters relating to or arising of the conduct of the end user testing of the Beta App.  

D. In addition to these terms of use you must comply with terms, rules or policies of any app store provider and/or operator from whom you have downloaded the Beta App.


THE BETA APP IS CURRENTLY UNDER DEVELOPMENT AND IS PROVIDED TO YOU ON AS IS BASIS SOLELY FOR THE PURPOSE OF END USER TESTING.

1A. Pre-requirements
You must satisfy the following pre-requirements:

i. You own one of the following devices to download the Beta App (‘your Device’):
Android v.4.4 and above.

ii. You have at least 30mbs of memory available on your Device in order to download the Beta

iii.  App and run the dashcam feature.

iv. The dashcam needs access to the following applications on your Device :
• Camera;
• audio; and
• GPS

(“Native Device Applications”)

The dashcam will not work or have limited functionality without the above Native Device Applications.  You will need to permit the dashcam to access the above Native Device Applications on your Device.

v. You must comply with operational and functional guidance issued by us in relation to the use of the Beta App or for the conduct of this test FAQ doc.

vi. You can submit feedback on the Beta App to Avivadrive@aviva.com. You acknowledge and agree that all end user testing feedback on the Beta App is confidential unless otherwise stated by us.  

vii. You accept this Terms of Use and the privacy policy.


End User Licence

2.     Subject to the above and this Terms of Use we grant you a personal, non-transferable, royalty free, non-exclusive licence to download the Beta App on your Device and use it solely to test the components and functionalities described in Paragraph B above. No other use is permitted.

The test will run until the 1st March 2018 or such other date as we may specify (the “Test Period”).

3. You may not rent, lease, lend, redistribute or sublicense the Beta App or any part thereof.

4. You may not copy, modify, adapt, reverse engineer, decompile or disassemble the Beta App except as expressly permitted by applicable law and then on prior notice to us.

5. All intellectual property rights in the Beta App and the data it generates (including, but not limited to, copyright, trade marks, service marks, trade names, domain names, logos, get-up, branding, patents, inventions, registered and unregistered design rights and confidential or proprietary commercial information) shall remain with us (or our licensors where such intellectual property rights are licensed to us). 

6. You shall not access the Beta App from any other device other than your own Device.

7. You are responsible for ensuring the adequate physical security of your Device and must report a lost or stolen Device to Avivadrive@aviva.com immediately.

Using The App

8. You must use the Beta App only in the United Kingdom.

9. You will be provided with a link from Google Play in order to access the Beta App. You must not use any other types of sign-in to access the Beta App save for the above.

10. You must use the Beta App safely and legally. In particular, when using the app whilst driving you must:

i. comply with all applicable road traffic, highway and motor vehicle laws, rules or codes;

ii. make sure that your Device is safely secured in your vehicle in a way which does not interfere with your ability to drive safely and legally; and

iii. only interact with the Beta App (for example, starting and stopping recording) in a way which is safe, does not distract you from driving and when your Device is held securely in an appropriately positioned cradle (or similar holder).

The above are not meant to serve as a comprehensive set of instructions and you must exercise prudence as is expected from any diligent driver from your own safety and that of other co-passengers or other persons or drivers with whom you share the road.       

Collection and Use of Personal Data

11.  You agree and accept our privacy policy.

In particular you accept and agree that your personal data or user information (including potentially sensitive information such as your collision data) is shared or processed by us or our service provider(s) for the purposes of and or in furtherance of improving the Aviva Drive Proposition, by our provider Zendrive Inc in their US and India operations in order to improve Zendrive collision detection technology, develop Zendrive analytics and database querying tools or generate various kinds of dashboard statistics on number of users /collisions etc., all of which Zendrive commercialises as part of their business or for the conduct of the end user testing of the Beta App as described in Paragraph B above.

12. When you use the Beta App to record a journey you agree that you will comply with any data protection laws and regulations that apply to you and your activity.

13. Where there are passengers in your vehicle, you must before recording a journey first explain to them the kind of information the Beta App collects (and the terms of the privacy policy for the Beta App) and get their informed consent before using the Beta App to record that journey.

14.  You acknowledge and agree that access to this Beta App is set up for testing in a manner that necessarily requires the Beta App to access your Personal Data as above; therefore, if you withdraw your consent to the Beta App accessing or using your Personal Data you will no longer be able to access or participate in the testing of the Beta App.        

Disclaimer of Warranties and Liability

15. The Beta App is provided “as is”. You acknowledge and agree that the Beta App is substantially in development and is offered to you solely for end user testing on your Device. You agree not to use the Beta App for any other purpose. Except for the “Excluded Matters”  set out in Paragraph 16 below we and our service providers and subcontractors expressly disclaim, in respect of the Beta App (and any guidance or documentation we or our supplier issue as part of this end user testing exercise),  any representations, warranties, conditions or other terms, expressed or implied, by statute, collaterally or otherwise, including but not limited to implied warranties, conditions or other terms of satisfactory quality, fitness for a particular purpose or reasonable care and skill. In particular we do not represent that any functionality or feature of the Beta App, including those relating to safety, will be fully operational, responsive or operate in an error free manner.

16. Neither we nor our service providers and subcontractors will be responsible, in contract, tort including negligence, or otherwise for any liability, loss, damage, cost or expense you may experience in connection with your use of the Beta App which is:
a. caused by an event beyond our reasonable control or which we could not have reasonably foreseen;

b. not directly caused by us; or

c. caused by your own negligence or any act or omission in breach of the terms of this Terms of Use.

16. We do not exclude or limit our liability to you in any way where it would be unlawful to do so. This includes liability for:

a. death or personal injury caused by our negligence;

b. fraud; and

c. fraudulent misrepresentation.

(“Excluded Matters”)

17. Neither we nor our service providers and subcontractors will be liable, in contract, tort including negligence, or otherwise, for any liability, loss, damage, cost or expense which you may experience in connection with your use of the Beta App after we have notified you that we can no longer provide the App to you or beyond the Test Period.

18. We (on our own behalf and on behalf of our service providers and subcontractors) disclaim all, and shall not be liable in contract, tort (including negligence), statutory duty, pre-contract or other representations (other than fraudulent misrepresentations) or otherwise arising out of or in connection with this Terms of Use or the Beta App– in each case whether advised of the possibility of such loss or damage and howsoever incurred (including but not limited) for:

(a) consequential, indirect or special loss or damage;

or (b) any loss of goodwill or reputation;

or (c) any economic losses (including loss of revenues, profits, contracts, business or anticipated savings).

19. Save as provided in Paragraph19, both parties agree that the maximum liability of Aviva and our service providers or subcontractors in contract, tort (including negligence), statutory duty, pre-contract or other representations (other than fraudulent misrepresentations) or otherwise arising out of or in connection with the terms of use or the Beta App, and each part thereof, including its execution and performance, shall, in respect of any one or more events or series of events (whether connected or unconnected) be limited to £500.

20A. Subject to the limitation of liability figure set out in Paragraph 19 we offer a maximum compensation of £500 where the Beta App damages your Device, provided that:

a. it is not contributed by your negligence or breach of  the Terms of Use;

b. is caused or contributed by hardware or software faults or errors on your Device or Device Native Applications;

c. the damage is caused solely by the Beta App; and

d. is the direct result of us failing to exercise reasonable care and skill.

Changes

21. We may make changes to the Beta App and these terms of use from time to time as is necessary to accommodate the further development of this Beta App and or to progress such activities and plans as part of our end user testing. If we do, we will send you an email containing a link to the updated terms of use. If you do not agree to any changes in these terms of use you should stop using the Beta App immediately.

Termination

22. You may stop accessing or using the Beta App at any time for any reason. If you do, this Terms of Use as between you and us will terminate automatically.

23. We may stop providing the Beta App to you at any time for any reason. If we do this we will tell you, the Beta App will no longer function and this Term of Use will terminate automatically.

24. At the end of the Test Period, the Beta App will no longer function and this Terms of Use will terminate automatically.

25. Termination of this Terms of Use for any reason will also constitute termination of your licence to use the Beta App. 

26. Upon any termination of this Terms of Use you must delete or uninstall the Beta App.


Confidential Information

27. During the Test Period and for two (2) years thereafter you will keep confidential all information that you receive or learn about the app and its design and intended use. The provisions of this paragraph 29 shall cease to apply to:

(i) information that has come into the public domain other than by breach of this clause or any other duty of confidence;

(ii) information that is obtained from a third party without breach of this clause or any other duty of confidence;

and (iii) information that is required to be disclosed by a regulatory or government body or court of competent jurisdiction with power to compel the disclosure.

General

28. Rights of Third Parties

Nothing in these terms of use shall create or confer any rights or other benefits whether pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise in favour of any person other than the parties to this Terms of Use.

29. Governing Law

This Terms of Use (and any non-contractual obligations arising out of or in connection with them) are governed by the laws of the relevant part of the United Kingdom in which you live. The courts in that part of the United Kingdom shall have exclusive jurisdiction to settle any disputes which may arise of out of or in connection with these terms of use.

How To Contact Us

If you want to contact us about the app for any reason, please send an e-mail to: Avivadrive@aviva.com

Aviva UK Digital Limited is a company registered in England & Wales with company number 09766150 and a registered office at St Helen’s, 1 Undershaft, London EC3P 3DQ.

© Aviva 2017

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