Terms of Service
These SteadyDrive Terms of Service (“Terms”) shall govern your use of the SteadyDrive mobile app (including all related documentation, the (“App”) and website located at www.steadydrive.com (“Site”) and shall be binding upon you (“you”) and Auto Enablers LLC (dba “SteadyDrive”, “us,” or “we”).
By installing and using the App or visiting the Site, you (a) acknowledge that you have read and understand these Terms; (b) represent that you are 18 years of age or older; and (c) accept these Terms and agree that you are legally bound by them. If you do not agree to these Terms, do not download, install or use the App or delete it from your mobile device and do not visit the Site.
While the App is free to use, you are responsible for all costs, expenses and connectivity associated with downloading the App from the app store associated with your mobile device (e.g., Apple® App Store or Google Play™) and for complying with all terms and conditions of that store and the downloading of the App.
IMPORTANT: PLEASE REVIEW CAREFULLY THE DISPUTE RESOLUTION PROVISION SET FORTH IN SECTION 12 BELOW, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH STEADYDRIVE ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION.
STEADYDRIVE DOES NOT GUARANTEE ANY PARTICULAR RESULTS FROM YOUR USE OF THE APP, INCLUDING, BUT NOT LIMITED TO, RECEIVING OFFERS OF INSURANCE FROM INSURANCE CARRIERS. YOU USE THE APP WITH THE EXPRESS UNDERSTANDING THAT ANY RESULTS FROM THE APP ARE ENTIRELY RELIANT ON YOUR DRIVING BEHAVIOR WHILE USING THE APP AND BEING MATCHED WITH INSURERS’ CRITERIA FOR ISSUING POLICIES WHICH MAY CHANGE FROM TIME TO TIME.
- 1.1. Grant. SteadyDrive grants you a limited, non-exclusive and non-transferable license to download, install and use the App for your personal, non-commercial use on a single mobile device owned or otherwise controlled by you (your “Device”) strictly in accordance with the App’s documentation and other materials that we provide to you from time to time.
- 1.2. Restrictions. As consideration for the above license, you agree to not:
- ~~1.2.1. copy the App, except as expressly permitted by this license;
- ~~1.2.2. modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the App;
- ~~1.2.3. reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the App or any part thereof;
- ~~1.2.4. remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the App, including any copy thereof;
- ~~1.2.5. sell, sublicense, assign, distribute, publish, transfer or otherwise make available the App or any features or functionality of the App, to any third party for any reason, including by making the App available on a network where it is capable of being accessed by more than one device at any time;
- ~~1.2.6. remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the App; or
- ~~1.2.7. access or use the App through manual, voice or other physical manipulation.
- 1.3. Reservation of Rights. You acknowledge and agree that as between you and SteadyDrive, the App is owned or under license by SteadyDrive and that your use of the App is provided under license, and not sold, to you. You do not acquire any ownership interest in the App under these Terms, or any other rights thereto other than to use the App in accordance with the license granted, and subject to all terms, conditions and restrictions, under these Terms. As between SteadyDrive and you, SteadyDrive reserves and shall retain its entire right, title and interest in and to the App, including all copyrights, trademarks and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms.
- 1.4. Updates. SteadyDrive may from time to time in its sole discretion develop and provide App updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that SteadyDrive has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. You may receive notice of or be prompted to download and install available Updates. You shall promptly download and install all Updates and acknowledge and agree that the App or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the App and be subject to all terms and conditions of these Terms.
- 1.5. SteadyDrive reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the App (or any part thereof). SteadyDrive shall not be liable to any user or other third party for any such modification, suspension or discontinuance except as expressly provided herein.
2. USING THE APP
- 2.1 General. You acknowledge that when you download, install, or use the App, SteadyDrive may use automatic means (including, for example, cookies and web beacons) to collect information about your Device and about your use of the App, including accessing your device’s geolocation features.
- 2.3 Driving Data. The App is GPS enabled and records and communicates information about your trips, including miles driven, speed, direction, acceleration, deceleration, altitude, collision and impact, location information, and any information derived from the information (collectively, “Data”) back to SteadyDrive and its service providers. The Data will be used to determine your eligibility for automobile insurance provided by third party insurance companies.
- 2.4 Trip Categorization. The App categorizes whether you are a driver or passenger, and mode of transportation (for example, car vs. bicycle) for each recorded trip. The ability to change how a trip is categorized will be available for a limited time after the trip is displayed.
- 2.5 Usage Requirements. If the total time the App collects Data from your Device is insufficient to make a reasonable determination of your driving behavior for purposes of satisfying certain insurer’s rate criteria, you may be required to drive for a longer period of time or your license to use the App may be terminated by SteadyDrive, in its sole discretion.
- 2.6 Safety. When using the App, please ensure that you:
- ~~2.6.1. Obey all traffic laws, including any laws that restrict the use of mobile devices while driving;
- ~~2.6.2. Use the App only when it is safe to do so and when it will not create any unnecessary distraction; and
- ~~2.6.3. Do not use the App for any illegal, hazardous, or unauthorized purposes, or in a manner that is not consistent with these Terms.
- 2.7. Deleting the App. Once your driving behavior monitoring is complete, you can delete the App from your Device.
4. TERM AND TERMINATION.
- 4.1. Term. The term of your license to use the App commences when you download the App and will continue in effect until terminated by you or SteadyDrive as set forth in Section 4.2.
- 4.2. Termination. You may terminate the license granted by these Terms at any time by deleting the App and all copies thereof from your Device. SteadyDrive may terminate your license to use the App at any time and for any reason without notice.
- 4.3. Effect of Termination. Upon termination:
- ~~4.3.1. All rights granted to you under these Terms will also terminate; and you must cease all use of the App and delete all copies of the App from your Device and account.
- ~~4.3.2. Termination will not limit any of SteadyDrive’s rights or remedies under these Terms or at law or in equity.
6. DISCLAIMER OF WARRANTIES. THE APP AND SITE ARE PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, STEADYDRIVE, ON ITS OWN BEHALF AND ITS LICENSORS AND SERVICE PROVIDERS, AND ON BEHALF OF ITS AFFILIATES AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE APP AND SITE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, STEADYDRIVE PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APP OR SITE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
7. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL STEADYDRIVE OR ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APP OR THE SITE FOR:
- 7.1. PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES, AND
- 7.2. DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APP.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR STEADYDRIVE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
8. INDEMNIFICATION. You hereby agree to indemnify, defend and hold harmless SteadyDrive, its affiliates, and service providers and their respective officers, directors, employees, agents, affiliates, successors and assigns, from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to your use or misuse of the App, the Site or your breach of these Terms. Further, you agree that SteadyDrive assumes no responsibility for the content you submit or make available through, or results generated by the App or the Site.
9. EXPORT REGULATION. The App may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export or release the App to, or make the App accessible from, any jurisdiction or country to which export, re-export or release is prohibited by law, rule or regulation. You shall comply with all applicable federal laws, regulations and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing or otherwise making the App available outside the US.
10. SEVERABILITY. If any provision of these Terms is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of these Terms will continue in full force and effect.
11. GOVERNING LAW. These Terms are governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of or related to these Terms or the App shall be subject to and brought in accordance with the Dispute Resolution provision in Section 12, below.
Notwithstanding the foregoing, all policies for motor vehicle insurance obtained through or with the assistance of the App are governed by the laws in the state in which such policies are written.
12. DISPUTE RESOLUTION; ARBITRATION; CLASS ACTION WAIVER. By downloading and using the App, you agree to resolve any claim that you may have against SteadyDrive on an individual basis in mandatory binding arbitration, as set forth in and in accordance with this Section 12. This will preclude you from bringing any class, collective, or representative action against SteadyDrive, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against SteadyDrive by someone else.
- 12.1. Agreement to Binding Arbitration. You and SteadyDrive agree that any dispute, claim or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the App, whether before or after the date you agreed to the Terms, will be settled by binding arbitration between you and SteadyDrive, and not in a court of law. You acknowledge and agree that you and SteadyDrive are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and SteadyDrive otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and SteadyDrive each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.
- 12.2. Arbitration Rules. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA's Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this Section. The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879. The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Section 12, including any claim that all or any part of this Section 12 is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel. Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Section 12 evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Section 12 or the enforcement thereof, then that issue shall be resolved under the laws of the State of New York.
- 12.3. Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration - Consumer Arbitration Rules at www.adr.org or by calling the AAA at 1-800-778-7879). The Arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the state in which the arbitration is conducted and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.
- 12.4. Procedure. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and SteadyDrive submit to the Arbitrator, unless you request a hearing or the Arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
- 12.5. Arbitrator's Decision. The Arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. An Arbitrator's decision shall be final and binding on all parties. An Arbitrator's decision and judgment thereon shall have no precedential or collateral estoppel effect. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. SteadyDrive will not seek, and hereby waives all rights SteadyDrive may have under applicable law to recover, attorneys' fees and expenses if SteadyDrive prevails in arbitration.
- 12.6. Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, SteadyDrive will pay all such fees, unless the Arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
- 12.7. Changes. Notwithstanding the provisions in these Terms regarding consent to be bound by amendments to these Terms, if SteadyDrive changes this Section 12 after the date you first agreed to the Terms (or to any subsequent changes to the Terms), you may reject any such change by providing SteadyDrive written notice of such rejection within 30 days of the date such change became effective, as indicated in the “Effective” date above. This written notice must be provided either (a) by mail or hand delivery to our registered agent for service of process, Auto Enablers LLC c/o Corporation Service Company, 251 Little Falls Drive, Wilmington DE 19808, or (b) by email from the email address associated with your Account to: Help@SteadyDrive.com. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this Section 12. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and SteadyDrive in accordance with the provisions of this Section 12 as of the date you first agreed to the Terms (or to any subsequent changes to the Terms).
- 12.8. Severability and Survival. If any portion of this Section 12 is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Section 12 or the parties' ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 12; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
13. JURISDICTION. The Site and App are controlled and operated by SteadyDrive from the United States, and, except as expressly set forth herein, is not intended to subject SteadyDrive to the laws or jurisdiction of any state, country or territory other than that of the United States. SteadyDrive does not represent or warrant that the App or Site or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access the Site or use the App, you do so on your own initiative and at your own risk, and are responsible for complying with all local laws, rules and regulations. SteadyDrive may limit the Site and App’s availability, in whole or in part, to any person, geographic area or jurisdiction SteadyDrive chooses, at any time and in SteadyDrive’s sole discretion. By using the Site or App, you hereby certify that you are not a citizen or permanent resident of any country on which the United States has embargoed goods, technology and/or services.
14. ENTIRE AGREEMENT. These Terms constitute the entire agreement between you and SteadyDrive with respect to your downloading and use of the App and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the App.
15. WAIVER. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between these Terms and any applicable purchase or other terms, the terms of these Terms shall govern.