END USER LICENSE AGREEMENT
BY SELECTING THE "I AGREE" BOX in RSIQ, THE USER REPRESENTS THAT S/HE HAS THE AUTHORITY TO BIND THE FLEET OWNER/OPERATOR AND THAT THE FLEET OWNER/OPERATOR IS CONSENTING TO BE BOUND BY THIS END USER LICENSE AGREEMENT ("AGREEMENT") WITH ATG RISK, a division of SpeedGauge 1385 Mission Street - Suite 300, San Francisco, CA 94103 ("ATG" or "ATG Clearinghouse"). .
“You”, or “Your” means the business entity that owns or operates the fleet of vehicles covered by this Agreement.
Who we are: the ATG Clearinghouse
The ATG Clearinghouse offers an assessment of driving risk to insurers, similar to a credit score, known as the FAIR Score™.
This Agreement governs how the ATG Clearinghouse enables You to:
• Share with the ATG CLEARINGHOUSE certain Information Used defined below so the ATG CLEARINGHOUSE may assess Your fleet’s driving risk
• Use the ATG CLEARINGHOUSE’s software, such as the Route Safety IQ™ mobile application to understand Your driven risks and what choices may reduce that risk
• Access the ATG CLEARINGHOUSE’s assessment of Your fleet’s driven risk, the same FAIR Score the ATG CLEARINGHOUSE will provide insurers if You so choose
• Choose, now or later, the insurer whom You want to consider Your FAIR Score and other Information Used in how the insurer underwrites Your fleet or business for potential savings and/or benefits
• Control any sharing of Information Used, subject to the terms of this Agreement, with a specific insurer for a specified purpose under a separate Data Sharing Agreement, including the right to continue or suspend sharing data with that specific insurer at any time. The insurer party to a Data Sharing Agreement is referred to as an “Insurer”.
YOUR USE OF SOFTWARE OR THE FAIR SCORE SHALL ALSO CONSTITUTE ASSENT TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT CHECK THE "I AGREE" BOX AND YOU WILL NOT HAVE ANY RIGHT TO USE THE ATG CLEARINGHOUSE SOFTWARE OR SERVICES. ACCEPTANCE OF THIS AGREEMENT BY IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
Share Information Used with the ATG CLEARINGHOUSE
By accepting this Agreement You consent and authorize the ATG CLEARINGHOUSE, and grant any applicable rights, to access Your Information Used, to use or have used the Information Used to create the FAIR Score and to provide that FAIR Score to You directly or through Your telematics service provider (“TSP”). Your consent permits the ATG CLEARINGHOUSE to use, or have used, Information Used, on an aggregated and/or anonymous basis including location data and Your FAIR Score, for analytical and research purposes in order to improve current scoring algorithms and develop new services. The nature of this aggregate and/or anonymous information will not enable it to be traced back to You or any other identifiable person.
Information Used: Location Data and Driving History
You can control the data You share for Your fleet by specifying participating vehicles. To specify participating vehicles, or modify that specification, You can provide or modify a fleet list in this application or on Your fleet page. For each participating vehicle the data shared includes (1) vehicle data (make, model, year, VIN (vehicle identification number) and, as applicable, an identifier made available by Your TSP ) (2) data collected from Your vehicle by Your TSP including any available Driving Data (such as lane changes, braking events, or other data indicating how the vehicle is driven or maintained), Location Data (such as vehicle location, speed, routes traveled, weather conditions, etc.), or such other data as Your TSP provides to You, and (3) (a) third party data the ATG CLEARINGHOUSE may deem relevant to safe driving risk including but not limited to the traffic flow and patterns and weather around your vehicle based on Your Location Data as well as (b) summaries or computed results of such collected or third party data such as mileage information, area of operation, and (4) a score or index representing the ATG CLEARINGHOUSE’s assessment of safe driving risk (the “FAIR Score™”). Collectively, the data described in this paragraph is the Information Used.
You acknowledge and agree that You are responsible for complying with any privacy laws in Your jurisdiction, including any legal requirements to provide Your employees or others with notice and that You are able to access and review their acknowledgement of any applicable Company Safe Driving Policy. You acknowledge and agree that You are responsible for (a) obtaining all required consents from Your employees and contractors who are driving vehicles owned or operated by You; and (b) protecting and securing all user names and passwords from unauthorized use. Upon request, You shall provide the ATG CLEARINGHOUSE any documentary proof required to demonstrate Your adherence to these notice requirements and any applicable privacy laws. You agree that the ATG CLEARINGHOUSE, Your TSP, and any Insurer is not responsible to You or any vehicle operator, employee or other third party for the ATG CLEARINGHOUSE access to or use of Information Used, and You agree to indemnify and hold the ATG CLEARINGHOUSE, TSP and any Insurer harmless from and against any and all claims, losses, costs, damages, and liabilities arising out of, or in any way connected or related to such access and use.
Protecting information Gathered
Use of the ATG CLEARINGHOUSE Software to understand driven risks and to access to Your FAIR Score
The Software and FAIR Score are provided solely to aid understanding of potential driven risks of Your fleet, and not for any other purpose or use. You are granted a limited license to use the Software contained in this mobile application and any subsequent versions or upgrades received as a result of having a license to this application (the “Software”).
You have the non-exclusive right to the use of Software only on a single device within the United States. You may not disassemble the program or allow it to be disassembled into its constituent source code. This Software may not, in whole or in any part, be copied, reproduced, distributed, rented, leased, lent, transmitted, translated (into any language, natural or computer), stored in a retrieval system, provided by a back-up service, reduced to any electronic medium or machine readable format, or by any other form or means without prior consent, in writing, from the ATG CLEARINGHOUSE.
To protect Your Information Used access to Information Used is subject to the ATG CLEARINGHOUSE security controls. The Route Safety IQ mobile application without any data access is made freely available outside of those controls at https://play.google.com/store/apps/details?id=com.client.android.atg&hl=en .
Warranties and Limitation of Liability
You acknowledge that the Software may not be free from defects and may not satisfy all of Your needs. The Software, FAIR Score, and ATG CLEARINGHOUSE services, such as access to Your FAIR Score via a web portal, and any accompanying written materials are licensed \"AS IS\" AND THE ATG CLEARINGHOUSE EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. FURTHER, THE ATG CLEARINGHOUSE DOES NOT WARRANT RESULTS OF USE OF THE SOFTWARE OR THE FAIR Score OR THAT THE SOFTWARE IS ERROR-FREE OR THAT ITS USE WILL BE UNINTERRUPTED. THE FOREGOING DISCLAIMERS ALSO APPLY WITH RESPECT TO YOUR TSP, THE ATG CLEARINGHOUSE 'S CONTRACTORS, AGENTS, WHICH MAY INCLUDE ATG CLEARINGHOUSE AUTHORIZED DISTRIBUTORS. In no event will the ATG CLEARINGHOUSE or its contractors or agents be liable for direct, indirect, incidental or consequential damage or damages resulting from loss of use, or loss of anticipated profits resulting from any defect in the Software, FAIR Score or services contemplated hereunder, even if it has been advised of the possibility of such damage, and in any event the aggregate liability of the ATG CLEARINGHOUSE , its contractors or agents, or Your TSP arising out of or related to this Agreement shall be not exceed one hundred ($100.00) dollars.
ATG CLEARINGHOUSE, ATG Risk Solutions, FAIR Score, and Route Safety IQ are trademarks of the ATG CLEARINGHOUSE
Approval and Contact Information
This Agreement shall be governed by the laws of State of Washington and shall inure to the benefit of the ATG CLEARINGHOUSE, its successors or its assigns.
If you have any questions please contact the ATG CLEARINGHOUSE at firstname.lastname@example.org.
At any time, for any reason, You may revoke Your consent to share the Information Used using the Software, or by emailing such revocation to email@example.com
You acknowledge that you have read this Agreement and understand and agrees to be bound by its terms. Currently the ATG CLEARINGHOUSE makes the FAIR Score and the mobile application available without charge to You. You acknowledge that the ATG CLEARINGHOUSE may change this policy with advance notice, and You further agree that this Agreement may be updated from time to time by the ATG CLEARINGHOUSE by posting an updated Agreement on the ATG CLEARINGHOUSE website at http://www.atgrisk.com/EULA/current and the currently effective Agreement between You and the ATG CLEARINGHOUSE shall be such most recently posted agreement.
This consent is effective as of the date given, and remains in effect until revoked by Your authorized representative.