Amica End User License Agreement
Effective Date: 03/07/2019
Please read this End User License Agreement (“EULA”) carefully before using this mobile application. By using the mobile application, you accept and agree to be bound and abide by this EULA, Amica’s Online Privacy Policy and Amica’s Online Terms of Use, incorporated herein by reference. If you do not agree to this EULA, Amica’s Online Privacy Policy and Amica’s Online Terms of Use. You may not install, copy, download, access or otherwise use the App or its content.
This EULA is a legal agreement between you, either an individual or a single entity (“You” or “Licensee”, or if you are a minor “Your Parent” or “Your Guardian”) and Amica Mutual Insurance Company and its subsidiaries and affiliates and third party affiliates or beneficiaries to the EULA (individually and collectively, “Amica” or “Licensor”) and describes the terms related to the downloading and use of the App for Android or iOS, including computer software, programs, its code, objects, as well as any images, photographs, templates, animations, video, graphics, user and visual interfaces, trademarks, logos, audio, music, text, and "plugins" incorporated into the application, any accompanying printed materials, and "online" or electronic documentation (the "App").
Except as expressly set forth in this EULA, this EULA does not grant You any intellectual property rights in the App, and You cannot use the App except as specified herein. By installing, copying, downloading, accessing or otherwise using the App, You are accepting and agreeing to this EULA.
This EULA does not change or amend in any way: 1) the Google Play Terms of Service found at https://play.google.com/intl/en_ca/about/play-terms.html, as may be amended by Google from time to time or 2) the Apple Media Services Terms and Conditions, found at https://www.apple.com/legal/internet-services/itunes/us/terms.html, as may be amended by Apple from time to time, whichever is applicable to You.
Amica reserves the right to modify this EULA at any time. Your continued use of the App will constitute Your acceptance of any revisions to this EULA. Please check this page regularly.
Grant of License
Amica grants You a personal, non-commercial, nonexclusive, nontransferable, limited and revocable license to use the App on a smartphone running Android or IOS software that You own or control in accordance with this EULA (“License”). This License does not allow you to rent, lease, lend, sell, redistribute or sublicense the App. You may not copy (except as expressly permitted by this License) decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App, any updates, or any part thereof (except as and only to the extent any foregoing restriction is not prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the App). Any attempt to do so is a violation of Amica’s rights. If You breach this restriction, You may be subject to prosecution and damages. You may not use the App for any commercial purpose, in any anti-competitive or unlawful manner, or for any purpose, which would be contrary to Amica's business interest. All rights not specifically and expressly granted under this EULA are reserved by Amica. The App is licensed, not sold. Your License confers no title or ownership in the App and should not be construed as a sale of any rights in the App. This EULA will govern any Upgrades provided by Amica that replace and/or supplement the original App, unless such Upgrade is accompanied by a separate end user license agreement in which case the terms of that end user license agreement will govern.
Use Restrictions
You may not store, modify, reproduce, transmit, distribute, repost, publicly display or otherwise use any content on the App, or the design or layout of the App or individual sections of it, in any form or media except with the express prior written permission of Amica. The commercial use, reproduction, reposting, public display, transmission or distribution of any information, software, logo or other material available through the App is strictly prohibited. You agree that You will not use the App (or any data provided to You by the App) for any safety of life applications or for any other application in which the use of, or inability to use, or the accuracy, completeness or reliability of the App (or any data provided to You by the App) could create a situation where death, personal injury, property damage or environmental damage may occur.
Third-Party Software and Content
The App may (i) include additional third-party software ("Third-Party Software") or (ii) provide You with functionality where You may be able to access publicly available third party content or third party services (“Third-Party Content or Services”). Amica has made use of all Third-Party Software in full compliance of all applicable terms and conditions of copyright holders and/or other authorized parties. All Third-Party Software may only be used as part of and in connection with the App. Third-Party Content or Services available to You are subject to such Third-Party Content or Services provider’s terms and conditions and Amica shall not be liable whatsoever for Your access to or use of such Third-Party Content or Services.
Third-Party Trademarks
All third party trademarks are the property of their respective owners, and the aforementioned entities do not endorse Amica or its related brands, including this App or any of its subsequent releases.
Push Notifications
Push Notifications. You acknowledge that by downloading, installing or using the App and/or accepting this EULA: (i) if You are using the Android version of the App, (A) that You agree to be bound by Google’s Terms of Use, which can be found at https://www.google.com/intl/en/policies/terms/, as may be amended by Google from time to time, and (B) that You are aware that the App uses Amazon Simple Notification Service (“SNS”) to deliver certain Google Cloud Messaging push notifications to Your smartphone regarding Your use of the App (e.g. notifications regarding trips You have taken or Your leaderboard standings); and (ii) if You are using the iOS version of the App, that You are aware that the App uses Amazon SNS to deliver certain Apple Push Notification push notifications to Your smartphone regarding Your use of the App. You may enable and disable push notifications by using the applicable settings within Your iOS or Android smartphone.
Non-Reliance
This App may contain helpful tips, explanations, advice and information (collectively, “Tips”). You acknowledge and agree that Your use of this App and the Tips are voluntary and the Tips are provided in good faith and are derived from or reviewed by sources believed to be reliable and accurate. You further agree that Tips may not be effective in every circumstance and that taking preventive measures cannot guarantee any outcome. Amica encourages You to use good judgment and safety and to hire a professional, if appropriate. No representation or warranty, express or implied, is made as to the accuracy, completeness or fitness for purpose of the Tips contained in this App.
User Submissions
The App may allow you to freeform type, customize, upload, post, and display material, notes, information, photographs, documents, video, messages, other materials, items and other user-generated content (collectively, “User Content"). The App may also include interactive features such as message boards, chat rooms, idea forums, and other interactive features (“Interactive Features”). You are solely responsible for Your use of User Content and/or Interactive Features and You use them at Your own risk.
If You submit User Content or participate in Interactive Features within or in connection with the App, You agree not to post (a) User Content that Amica determines is obscene, threatening, illegal, defamatory, libelous or harassing towards any person, group or organization; (b) spam or other irrelevant User Content and refrain from repetitive postings; (c) User Content that infringes on the rights of Amica, any person, group or organization including privacy rights or User Content that is trademarked, copyrighted or otherwise protected by a third party; (d) Use Content that promotes or solicits business or support for any business, group or organization or advertises another business, group, organization or product; (e) User Content that violates any law or engage in activity that would constitute a criminal offense or give rise to civil liability; (f) Your personal information such as email address, phone number, policy or claim information, date of birth, social security number and financial information belonging to You or any other party; and (h) links to websites that could contain viruses or other malicious software. Amica reserves the right to review, edit and remove User Content and/or restrict account interaction with the App for any violation of this EULA.
User Content and use of Interactive Features shall be deemed non-confidential. Amica shall have no obligation or liability of any kind to such User Content and feedback and may reproduce, destroy, use, disclose, transform, create derivative works and distribute User Content and feedback without limitation. Further, Amica shall be free to use any ideas, concepts, methodology or techniques for any purpose, including, but not limited to, developing and marketing products or services. In exchange for Your access to and use of the App, You grant Amica the right to use and publish (e.g., including, but not limited to, distribution and reproduction) for business purposes User Content, in whole or in part, in any manner and in any media throughout the world, without any obligation or requirement of notice, permission or accounting to the employees, and without payment to employees of any kind.
User Content and feedback made by Your or anyone other than Amica do not necessarily reflect the views, policies or practices of Amica.
Use of Electronic Devices and Software While Driving
As a condition of use of the App, You promise not to use the App for any purpose that is prohibited by applicable local, state, national and international laws and regulations, including laws regarding distracted driving. You are responsible for Your use of the App and agree that such use is at Your own risk.
System Requirements
The App may be used on a smartphone running Android or iOS software (whichever is relevant to You) that meets the system requirements specified by Amica. Amica is not required to supply any required hardware and/or software for proper operation of the App. When using the Services, you agree to comply with any and all third-party terms that are applicable to any platform, website, technology or service that interacts with the Services.
Upgrades
The App also includes any patches, updates and supplements to the App (“Upgrade”) provided to You by and at the Licensor’s sole discretion. Any such Upgrade to the App provided by Licensor is subject to the terms of this EULA, as may be amended by Licensor from time to time.
Cellular or Wireless Service
You may be charged for data usage in connection with Your use of the App when connected to Your wireless service provider’s data networks. Amica encourages You to use WiFi wherever available when using the App. You hereby acknowledge and agree that Your use of the App may lead to excess data charges and that You are solely responsible for any such data charges that You may incur in connection with Your use of the App.
Breach
Nothing in this EULA shall absolve You from liability for damages resulting from any breach of this EULA by You, notwithstanding that Licensor may have other remedies available under this EULA (including the right to terminate this EULA). If You breach any provision of this EULA, You acknowledge that such breach may diminish substantially the value of such intellectual property rights of Licensor and may irreparably harm Amica, and in such event Amica (without limiting its other rights or remedies) shall be entitled to seek equitable relief, including but not limited to injunctive relief, to protect Amica’s interests, and indemnification and reimbursement from You for any all expenses incurred by Amica in protecting its interests or defending its rights as a result of Your breach of this EULA.
Termination
The License to use the App is effective until terminated by You or Amica. Your rights under this EULA will terminate automatically without notice from Amica if You fail to comply with any term(s) of this EULA. Upon termination of the License or the EULA, You shall cease all use of the App and destroy all copies, full or partial, of the App. Upon request by Amica, You must supply Amica with a notice certifying compliance with this section.