Introduction

Cambridge Mobile Telematics (CMT) and Branch offer a behavior-based telematics program allowing You to gain feedback on Your driving performance.  Your participation in the Program is expressly conditioned on Your acceptance of these Terms and Conditions. Downloading and activating the Application by You on Your smartphone constitutes your acceptance of these Terms and Conditions.

These Terms and Conditions can also be viewed at any time on the Application. These Terms and Conditions do not change the Usage Rules set forth in the Apple App Store Terms and Conditions or in the Google Play Terms of Service, whichever applies.

Definitions

“Application” refers to the Community Drive Application

“Program” refers to Community Drive

“Branch” refers to Branch Financial, Inc.

“CMT” refers to Cambridge Mobile Telematics 

“You” or “Your” refers to You, the enrolled driver.

“We” or “Us” refers to Branch and CMT.

License to Use

Provided that You comply with all of these Terms and Conditions, We grant you a revocable, limited and non-transferrable license to use the Application on any smartphone that you own or control and as permitted by Usage Rules set forth in the Apple App Store Terms and Conditions or the Google Play Terms of Service, whichever is applicable.  You may use the Application only in accordance with these Terms and Conditions and all applicable local, state,  and federal laws.  Your participation in the Program may be suspended for any violation.

Age Requirement

If You are under the age of 18, You must review these Terms with Your parent or guardian to make sure that You and Your parent or guardian understand it and that they agree to it on Your behalf.

Enrollment in the Program

When You enroll in the Program, You confirm that You have a smartphone (iPhone or Android), which is compatible with the Application, and have and will maintain a data plan at all times.  The data plan provides for accurate data collection.  If Your smartphone is not compatible, the Application will not be available for You to download.

Activating the Application 

The Application must be installed and activated on the smartphone by You when You enroll in the Program.  Transferring of the collection of information to a different smartphone is permitted by following the procedure when downloading and activating the Application.  When this Application is downloaded, it will record information as detailed in the “Information the Application Collects” section below that is then received by Us.

Security

You agree that You will keep Your Application passwords secure and confidential.  You are solely responsible for Your Data and all driving activity, you must use reasonable efforts to prevent unauthorized access to Your account, and you must notify Branch promptly of any such unauthorized access.

Operational Note

Once installed and activated, the Application must be running at all times as the Application will detect and record when You start a trip.  The Application will detect and record Your trips on Your smartphone.  The Application will identify all trips as “driving” trips (i.e., where the Application determines that You were operating a vehicle) or "non-driving" trips (i.e. where the Application determines that You were not operating a vehicle).  You will be able to manually exclude trips where You were not driving. Any exclusion must be completed within 30 days of the trip or it will be deemed a driving trip.

The Application uses a certain amount of power from the smartphone battery.  Care should be taken in ensuring the smartphone is charged and turned on when driving to record the information for the Program. This Application may require periodic updates and You agree that updating the Application from time to time is Your responsibility. The Application, once downloaded, is not to be deleted or turned off as the Application will be activated each time You start a trip.  The location services (GPS) should be on at all times to provide for accurate data collection.

Information the Application Collects

The Application records: Vehicle location (GPS), Accelerometer Data (Accelerations), Gyroscope Data (Rotational Movements), Time, and Application power on/off.  This information is transmitted wirelessly.  Collectively, all of the above types of information are referred to as "Collected Data".

It is important to understand that all of the information collected is based on the data collected on Your smartphone for You.  It is also important to note that the Application collects and transmits Collected Data concerning You regardless of the vehicle that You are operating at the time.  In other words, the Collected Data applies to any vehicle operated by You.

Use of Collected Data

The Collected Data is used to support programs and services offered by Branch and the insurance company underwriting Your policy.  This includes any premium, discounts, or rewards related to driving performance.  If You participate in a program offered by Branch that requires Collected Data, data will be shared between Branch, CMT, and the insurance company underwriting Your policy.  Collected Data may also be used by Branch and the insurance company underwriting Your policy as part of an accident and/or claim investigation.  

For any driving performance discount offered by Branch, you must accumulate a minimum number of trips within a certain period of time as determined by the Program guidelines specific to Your policy.

Terminating Participation in the Program

You can terminate your enrollment in the Program at any time by turning it off from with the Application settings, and this will prevent further information from being collected and submitted to Us.

Disclosure to Third Parties

Where allowed or required by law, Branch or the insurance company underwriting Your policy may share Collected Data with its legal counsel and outside vendors hired as part of an accident and/or claim investigation.  Additionally, You or Branch may, where required by law, have to disclose Collected Data to third parties, including claimants and their legal counsel for use in their accident investigations and/or litigation.

Data Charges

You will be responsible for any data charges and expenses associated with the use of the Application.

Who Owns the Application

The application is the property of Branch.  Branch retains all rights, title, and interest in and to the Application.  You may not reverse engineer, decompile, alter, duplicate, translate, make copies, or create derivative works from the Application or, otherwise attempt to derive the source code of the Application, except to the extent allowed under applicable law.  If applicable law permits such activities, any information discovered as a result of these activities must be promptly disclosed to us as it is deemed to be the confidential and proprietary information of Branch and/or CMT.  In the event of a violation of its intellectual property rights, Branch may seek an injunction to prevent a future violation.

Damage Waiver

You agree that neither Branch nor CMT is liable to You for any indirect, consequential, incidental or special damages (including without limitation lost profits and loss or destruction of data) arising out of the use of the Application or Program regardless of the theory of liability (including negligence and strict liability).

Disclaimer of Warranty

This Application is licensed "as-is", "with all faults" and "as available".  You bear the risk of using it.  We, on behalf of ourselves, 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, give no express or implied warranties, guarantees, or conditions under or in relation to the Application.

This includes, but is not limited to, implied warranties of merchantability and fitness for a particular purpose.  We do 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.

DISCLAIMER

We reserve the right to modify or terminate the Program at any time and for any reason.

CONSENT/AGREEMENT

By downloading and activating the Application, You consent and agree to: (a) Your participation in the Program, (b) these Terms and Conditions as they apply to You,

(c) the collection and disclosure of Your personal information, including Collected Data, in the manner and for the purposes described in these Terms and Conditions, and (d) the retainer and use of Your personal information, including Collected Data, as described in these Terms and Conditions.