Last updated: 01 March 2022
I. BACKGROUND
In these Terms and Conditions ("Terms & Conditions") Autoliv Development AB incorporated and existing under the laws of Sweden is referred to as "Autoliv", "we" or "us".
This application (the "Application") aims to improve overall road safety by increasing awareness and encouraging safe driver habits. The Application creates driver profiles based on information collected from your smartphone and seeks to provide drivers with insights into their driving behavior. The data collected by the Application is also used to improve road safety products and algorithms.
PLEASE READ CAREFULLY THROUGH THESE TERMS & CONDITIONS. BY USING THE APPLICATION, YOU AGREE TO BE BOUND BY THESE TERMS & CONDITIONS. YOU MAY NOT USE THE APPLICATION WITHOUT AGREEING TO THESE TERMS & CONDITIONS. IF YOU ARE AGREEING TO BE BOUND BY THESE TERMS & CONDITIONS ON BEHALF OF YOUR EMPLOYER OR OTHER ENTITY, YOU MUST HAVE THE AUTHORITY TO BIND YOUR EMPLOYER OR SUCH ENTITY TO THESE TERMS & CONDITIONS.
These Terms & Conditions give you certain legal rights, in addition to which you may have further legal rights on the basis of your domicile.
II. THE APPLICATION AND SAFETY SCORE
1.1 General Information on the Application and Safety Score
The Application collects information, uses sensor and location data, creates driver profile, provides feedback on driving style and based on the collected information, calculates an individual score of your driving style ("Safety Score"). Safety Score is a long-term adaptive score taking possible changes in your driving style into account.
Whilst Autoliv is committed to continuously improving the accuracy of the Safety Score, Autoliv makes no guarantees with respect to its accuracy. As such, you acknowledge that the Application and the calculation of the Safety Score (i) do not provide a complete and exhaustive score of your driving style; (ii) do not in themselves enhance or guarantee your safety; and (iii) are not intended for emergency use.
1.2 Privacy
1.2.1 Privacy Policy
Your privacy is important to us. The use of the Application is subject to the applicable Privacy Policy.
Please consult the applicable Privacy Policy relating to the collection and use of your information in connection with the Application. The applicable Privacy Policy is available to you when registering an account and at any time through the Application's settings.
1.2.2 Sharing of your Safety Score Data with third parties
The Application has the functionality to share your Safety Score data with certain third parties as described in further detail in the Privacy Policy. If you are using this functionality of the Application, you agree that the use of the Safety Score data by such a third party is solely a matter between the third party and you.
1.3 Using the Application
1.3.1 Downloading the Application and Creating an Account
You can download the Application onto your smartphone from the respective app store (e.g., Apple AppStore, Google Play Store). In order for you to use the Application, you need to create a user account with Autoliv.
1.3.2 On the Road
The Application does not require your attention while driving. Information required to use the functionality of the Application is collected on an automatic basis (provided the Application is configured in accordance with the instructions shown during setup).
1.3.3 Location Services
Please note that the proper functioning of the Application is dependent on your smartphone's location services (e.g., GPS signal). The use of the location services needs to be enabled for the Application in the settings of your smartphone. Note that the continued use of the location services in the background drains the battery of your smartphone.
1.3.4 Going Off the Grid
In case you do not want to use the Application anymore, or you want to temporarily stop any collection of information, just uninstall the Application or turn off the location services on your smartphone for the Application. The Application does not work if the GPS connection is turned off.
1.4 Data Costs with your Mobile Provider
The Application requires an internet connection to connect with its underlying cloud-based technology. You acknowledge that the subscription with your mobile provider will be used by the Application. This means that you may be charged by your mobile provider for data services. If you are not the bill payer for the smartphone on which the Application is installed, you will be assumed to have received permission from the bill payer for using the Application.
1.5 Updates
Autoliv has no responsibility to provide support or maintenance with regard to the Application. Autoliv may at any time and at its sole discretion develop updates, fixes, patches and other modifications to the Applications and its underlying cloud-based technology ("Updates"). The Updates may be installed without your separate consent and without giving separate notice. You hereby agree to receive and to install the Updates without undue delay. If you do not agree to receive the Updates, you may stop using the Application as your sole remedy.
1.6 Prohibited Use
You may not use the Application for any illegal or unlawful activities including, without limitation, as a driver of a motor vehicle without proper registration, insurance and driving license.
You commit to not using the Application in any way that: (i) is in violation of applicable law(s); (ii) is unauthorized; (iii) is defamatory of any other person; (iv) is obscene or offensive; (v) infringes any intellectual property rights or privacy of another person; (vi) is likely to disrupt our service in any way; or (vii) advocates, promotes or assists an unlawful act such as (by way of example only) computer misuse.
We reserve our right to terminate the use of the Application at any time and at our discretion if we become aware of, or we have reasonable grounds to believe, that any of the above terms and conditions have been breached. Any right to extraordinary termination by Autoliv shall remain unaffected therefrom.
1.7 Links to Other Web Sites / Services
The Application may contain links to third-party web sites or services that are not owned or controlled by Autoliv. Autoliv has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that Autoliv shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
III. YOUR LIMITED RIGHTS TO THE APPLICATION
1.8 License Grant and Restrictions to the License
The Application is licensed, not sold, to you. Autoliv hereby grants you a non-exclusive, non-transferable, revocable right to use the Application for your personal, non-commercial use and only on an Apple or Android Device and in accordance with these Terms & Conditions.
You hereby warrant that you, or anyone on the basis of your directions, will not: (i) use or copy the Application for any purposes not explicitly stated in these Terms & Conditions; (ii) sell, rent, license, lease, distribute, disclose, make available or otherwise commercially exploit the Application; (iii) publish, distribute, modify or alter in any way the Application or any of the intellectual property rights related thereto; and (iv) unless allowed under mandatory applicable law, disassemble or reverse engineer the Application.
Further, the Application may make use of certain materials and functionalities proprietary to HERE Global B.V. Thus, your use of the Application is also subject to the following terms and you agree that said terms are binding on you in a manner enforceable by HERE Global B.V.:
https://legal.here.com/en-gb/terms
1.9 Intellectual Property Rights
Any intellectual property rights in and relating to the Application and related documentation are the sole and exclusive property of Autoliv and its licensors. Nothing in this Agreement shall constitute a transfer of any intellectual property rights of Autoliv or its licensors. Autoliv and its licensors reserve any and all rights not expressly granted to you in these Terms & Conditions.
For clarity, the Autoliv name and logo, and other Autoliv trademarks, service marks, graphics and logos used in connection with the Application are part of Autoliv's intellectual property rights. Other trademarks, service marks, graphics and logos used in connection with the Application are intellectual property rights of their respective owners.
IV. LIMITED OR NO LIABILITY OF AUTOLIV AND NO PROMISES
1.10 Limited or No Liability of Autoliv
To the maximum extent permitted by mandatory applicable law, Autoliv and its affiliates will not be liable to you with respect to the use or inability to use the Application and/or be liable to you for any direct, indirect, special, consequential or punitive damages, however caused arising out of the use or inability to use the Application, even if advised of the possibility of such damages.
1.11 No Promises
Autoliv provides the Application on an 'as is' and 'as available' basis without any promises or representations, express or implied. In particular Autoliv does not warrant or make any representation regarding the use, results, validity, accuracy, reliability, availability, or otherwise of the Application. To the maximum extent permitted by mandatory applicable law, Autoliv hereby excludes all promises, whether express or implied, including any promises that the Application is fit for purpose, of satisfactory quality, non-infringing, is free of defects, is able to operate on an uninterrupted basis, that the use of the Application by you is in compliance with laws or that any information that you transmit in connection with this Application will be successfully, accurately or securely transmitted.
V. OTHER TERMS
1.12 Term and Termination
These Terms & Condition enter into force on the date you first install the Application and shall remain in force as long as you use the Application.
Autoliv may at any time terminate these Terms & Conditions. You may terminate these Terms & Condition with a written notification to Autoliv. Upon the termination of these Terms & Conditions you must immediately cease using the Application and the licenses under these Terms & Conditions terminate in conjunction with such termination of this Agreement. Any provisions which, by their nature or wording, contemplate effectiveness beyond the termination of these Terms & Conditions shall survive the termination or expiration of these Terms & Conditions.
1.13 Entire Agreement
These Terms & Conditions represent and constitute the entire agreement between you and Autoliv and governs your use of the Application, and supersedes all prior agreements relating to the subject matter hereof.
1.14 Severability
Should any provision of these Terms & Conditions be or become ineffective or invalid, the rest of the Terms & Conditions shall remain valid. Such provision shall be replaced by another provision, commercially similar and equal with the original provision.
1.15 No waiver
No failure or delay by Autoliv in exercising any right, power or remedy under this Agreement shall operate as a waiver of any such right, power or remedy.
1.16 Governing Law and Dispute Resolution
1.16.1 Governing law
These Terms & Conditions shall be governed by the laws of Sweden without reference to conflict of law provisions. The provisions of the UN Convention on Contracts for the International Sale of Goods shall in no event be applicable.
1.16.2 Dispute Resolution
Any dispute, controversy or claim arising out of or relating to these Terms & Conditions, or the breach, termination or invalidity thereof, shall (i) initially be subject to amicable negotiations between you and Autoliv; and (ii) otherwise be finally settled by arbitration in accordance with the Arbitration Rules of the Arbitration Institute of the Stockholm Chamber of Commerce. The seat of arbitration shall be Stockholm, Sweden. The language to be used in the arbitral proceedings shall be English.
1.16.3 Consumers resident in the European Union
Notwithstanding the aforesaid, if you are a consumer resident in the European Union, the governing law and forum for dispute resolution shall be the laws and courts of your usual place of residence. The provisions of the UN Convention on Contracts for the International Sale of Goods shall in no event be applicable.
1.17 Changes to the Terms & Conditions and Notifications
Autoliv reserves the right at any time to change these Terms & Conditions. We may obtain your agreement to any revised version of the Terms & Conditions, or provide you other notices in relation to these Terms & Conditions, by e.g., notifying you through the Application or contacting you through the e-mail address linked to your user account.
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1.18 Contact us
If you have any questions about these Terms & Conditions, please contact us by sending an email to [email protected] .