END USER LICENSE AGREEMENT
BY SELECTING "I AGREE", THE USER REPRESENTS THAT S/HE HAS THE AUTHORITY TO BIND THE BUSINESS AND ITS OWNER, AND THAT THE FLEET AND/OR BUSINESS IS CONSENTING TO BE BOUND BY THIS END USER LICENSE AGREEMENT (EULA or "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 vehicles covered by this Agreement. This EULA covers only Your agreement to share data with the ATG Clearinghouse and not with your insurance carrier. Each insurance carrier will supply you with a unique, and separate, Data Sharing Agreement specific to their insurance policy.
Who we are:
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 driven risk
- Use the ATG Clearinghouse’s portal and other software, such as the mobile application Route Safety IQ®, 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 premium credits 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 ATG’s SOFTWARE, THE DERVIED PORTAL INFORMATION OR THE FAIR SCORE FAIR SCORE SHALL FOLLOW THE TERMS OF THIS AGREEMENT. BY ACCEPTING AND UPLOADING INFORMATION OR LOGGING IN TO THE SPEEDGAUGE SAFETY CENTER YOU AGREE TO ALL OF THE TERMS OF THIS AGREEMENT.
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, 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, develop new derivative products and new services. The nature of this aggregate and/or anonymous information does not, and 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:
- vehicle VIN (vehicle identification number) and, as applicable, an identifier (made available by Your TSP)
- data collected from Your vehicle by Your TSP including any available Driving Data (such as 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
- (a) third party data the ATG Clearinghouse may deem relevant to evaluate driving exposure including but not limited to the traffic flow, patterns, incidents, road maintenance data and the weather around your vehicle based on Your Location Data as well as (b) summaries or computed results of such collected, or third party data
- a score representing the ATG Clearinghouse’s time based, indexed assessment of driven risk and/or exposure (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 authorized to use your vehicles, 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, related parties 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
The ATG Clearinghouse maintains physical, electronic, and procedural safeguards that comply with applicable regulations to guard Your data and results from misuse, distortion or corruption according to the ATG Clearinghouse’s Security Policy posted on the ATG website (www.atgrisk.com/securitypolicy). The ATG Clearinghouse retains the information collected for as long as required, or permitted by law or regulation. Use of the ATG Clearinghouse Software to understand driven risks and to access related information is solely to aid Your 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 information contained in this application, and any 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 for the express purpose described above. 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.
Warranties and Limitation of Liability
You acknowledge that the Software/Services of the ATG Clearinghouse may not be free from defects and may not satisfy all of Your needs. The Software, FAIR Score, and ATG Clearinghouse services 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 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, its insurance partners, 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 insurance partners, contractors or agents, or Your TSP arising out of or related to this Agreement shall be not exceed one hundred ($100.00) dollars.
Approval and Contact Information
This Agreement shall be governed by the laws of State of Delaware and shall inure to the benefit of the ATG Clearinghouse, its successors or its assignees. You agree to update your maintain your contact information contact with the Clearinghouse.
This consent is effective as of the date given, and remains in effect until revoked by You or Your authorized representative.
At any time, for any reason, You may revoke Your consent to share the Information Used using the Portal or Mobile Application software, or by emailing (and receiving acknowledgement of) such revocation to firstname.lastname@example.org.
If you have any questions, please contact the ATG Clearinghouse at email@example.com, or by calling the Client Services Manager (206) 274-0024.
ATG Clearinghouse, ATG Risk Solutions, FAIR Score, and Route Safety IQ are trademarks of SpeedGauge. a Delaware Corporation, 1385 Mission Street - Suite 300, San Francisco, CA 94103 (ATG Clearinghouse). All rights reserved.