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StreetSmart by AmicaTM
End User License Agreement

Last Updated: 10/21/2021

Please read this StreetSmart by Amica End User License Agreement (the “Agreement”) carefully. BY DOWNLOADING, INSTALLING OR USING THE APP (AS DEFINED BELOW), YOU CONSENT TO BE BOUND BY THIS AGREEMENT.

This Agreement is between you and Amica Mutual Insurance Company and our subsidiaries and affiliates, including Amica Property & Casualty Insurance Company (collectively, “Amica” or “Company” or “we” or “us” or “our”) concerning your use of (including any access to) the StreetSmart mobile software application made available by us for use on or through mobile devices (together with any materials and services available therein, and successor application(s) thereto, the “App”). This Agreement hereby incorporates by reference the StreetSmart by Amica Terms and Conditions, Online Terms of Use, and any additional terms and conditions posted by Amica on or through the App, or otherwise made available to you by Amica. In the event of any conflict or inconsistency between the provisions of this Agreement and any provisions set forth in the StreetSmart Terms and Conditions, Online Terms of Use, or other document relating to the services contemplated by this Agreement, the provisions set forth in this Agreement shall prevail.

BY DOWNLOADING, INSTALLING OR USING THE APP, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT OR, IF YOU ARE NOT, THAT YOU HAVE OBTAINED PARENTAL OR GUARDIAN CONSENT TO ENTER INTO THIS AGREEMENT.

THE APP IS INTENDED TO COLLECT INFORMATION ABOUT YOUR DRIVING, INCLUDING BUT NOT LIMITED TO ‎(1) YOUR SPEED; (2) BRAKING; (3) MOTION OF YOUR MOBILE DEVICE; (4) SCREEN TAPPING ON YOUR MOBILE DEVICE; ‎(5) DATE, TIME, DISTANCE AND LOCATION; AND (6) ROAD SEGMENT TYPE (SUCH INFORMATION COLLECTIVELY, “DRIVING DATA”). THE APP IS DESIGNED TO COLLECT SUCH INFORMATION WHILE YOUR MOBILE DEVICE IS POWERED ON WITHOUT ANY INTERACTION FROM YOU OR ANY OTHER PERSON. REVIEW OUR STREETSMART BY AMICA PRIVACY NOTICE FOR ADDITIONAL INFORMATION CONCERNING OUR COLLECTION, USE AND SHARING OF INFORMATION COLLECTED THROUGH THE APP.

THE APP WILL ALSO COLLECT PARTICIPANT INFORMATION, INCLUDING BUT NOT LIMITED TO: ‎(1) HEADING; (2) ACCELEROMETER DATA; (3) GYROSCOPE DATA; ‎‎(4) BAROMETER DATA, (5) TIME; ‎AND (6) GENERAL INFORMATION ABOUT THE USE OF THE APP.
DO NOT VIEW, INTERACT OR OTHERWISE ENGAGE WITH THE APP WHILE DRIVING; YOU MAY ONLY VIEW, INTERACT OR OTHERWISE ENGAGE WITH THE APP AFTER YOU HAVE STOPPED YOUR VEHICLE IN AN APPROPRIATE LOCATION PERMITTED BY LAW. ALWAYS DRIVE SAFELY, RESPONSIBLY AND IN ACCORDANCE WITH APPLICABLE TRAFFIC LAWS. THE APP IS NOT DESIGNED TO IMPROVE, AND WE MAKE NO REPRESENTATION OR WARRANTY THAT THE APP WILL IMPROVE YOUR DRIVING OR YOUR SAFETY, OR THE SAFETY OF ANY OTHER PERSON, IN ANY REGARD. YOU ALONE ARE RESPONSIBLE FOR YOUR ACTS AND OMISSIONS WHILE USING THE APP AND WHILE DRIVING.

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.

WE MAY USE DRIVING DATA FOR ANY LAWFUL PURPOSE, IN ACCORDANCE WITH THIS AGREEMENT, STREETSMART BY AMICA PRIVACY NOTICE, STREETSMART BY AMICA TERMS AND CONDITIONS, AND AMICA'S ONLINE PRIVACY POLICY, INCLUDING TO DETERMINE, MODIFY AND OTHERWISE ASSESS YOUR INSURANCE RATES, PREMIUM DISCOUNTS, UNDERWRITING ACTIONS, AND PROGRAM REWARDS. YOU HEREBY CONSENT TO ANY SUCH USE OF YOUR DRIVING DATA. YOUR DRIVING DATA AND OTHER INFORMATION COLLECTED BY OR SUBMITTED TO THE APP COULD RESULT IN YOUR PREMIUM BEING DISCOUNTED OR A DISCOUNT REMOVED.

Changes

We may change this Agreement from time to time by any reasonable means, including by posting a revised Agreement on or through the App or our website, or by posting the revised Agreement on or through the App, Any such change will not apply to any dispute between you and us arising prior to the date on which we posted the revised Agreement incorporating such change, or otherwise notified you of such change.

Using the App or downloading or installing any upgraded version of the App, following any change to this Agreement will constitute your acceptance of such change. The “Last Updated” legend above indicates when this Agreement was last changed. We may, at any time and without liability, modify or discontinue all or part of the App; charge, modify or waive any fees associated with the App; or offer opportunities to some or all App users.

Information Submitted Through the App

Your submission of information through the App is governed by this Agreement, the StreetSmart by Amica Privacy Notice, and Amica’s Online Privacy Policy  You represent and warrant that any information you provide in connection with the App is and will remain accurate and complete, and that you will maintain and update such information as needed. The App may contain certain features that allow you to correct your Driving Data, and you represent and warrant that any changes you make to your Driving Data, or to any other information collected by or submitted to the App, will be accurate, complete and up-to-date.

Jurisdictional Issues

The App is controlled or operated (or both) from the United States and is not intended to subject Amica to any non-U.S. jurisdiction or law. The App may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the App is at your own risk, and you must comply with all applicable laws, rules and regulations in connection with your use of the App. We may limit the App's availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.

Rules of Conduct

In connection with the App, you must not:

  • Post, transmit or otherwise make available through or in connection with the App any materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner.
  • Post, transmit or otherwise make available through or in connection with the App any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is or is potentially harmful or invasive or intended to gain unauthorized access to, damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment (each, a “Virus”).
  • Use the App for any commercial purpose, or for any purpose that is fraudulent or otherwise tortious or unlawful, or in a manner that is not in accordance with applicable law.
  • Harvest or collect information about users of the App.
  • Interfere with or disrupt the operation of the App or the servers or networks used to support the App; or violate any requirement, procedure or policy of such servers or networks or their providers.
  • Restrict or inhibit any other person from using the App.
  • Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the App except as expressly authorized herein, without Amica's express prior written consent.
  • Reverse engineer, decompile or disassemble any portion of the App, except where such restriction is expressly prohibited by applicable law.
  • Remove any copyright, trademark or other proprietary rights notice from the App.
  • Incorporate any portion of the App into any product or service, without Amica's express prior written consent.
  • Systematically download and store App content.
  • Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather App content, or reproduce or circumvent the navigational structure or presentation of the App, without Amica's express prior written consent.

You are responsible for obtaining, maintaining and paying for all hardware and all telecommunications and other services needed for you to use the App. You may only use the App for its intended purposes and not in any manner to develop, create or improve any products or services that are substantially similar to or otherwise compete with the App (or any component thereof).

Registration; User Names and Passwords

You must register to use all or part of the App. We may reject, or require that you change, any user name, password or other information that you provide to us in registering. Your user name and password are for your personal use only and should be kept confidential; you, and not Amica, are responsible for any use or misuse of your user name, and you must promptly notify us of any actual or suspected confidentiality breach or unauthorized use of your user name, or your App account. Without limiting the foregoing, you may not permit any other person to access or use your App account.

Profiles and Forums

App users may submit certain information and materials (each, a “Submission”) through or in connection with the App, including on profile pages commenting and other messaging functionality. Amica has no control over and is not responsible for any Submissions or the use or misuse (including any distribution) by any third party of Submissions. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH THE APP, YOU DO SO AT YOUR OWN RISK.

Data Ownership and Usage

For purposes of clarity, all Amica-provided data, Driving Data, participant information, and personally identifiable App user data is owned by Amica and/or its telematics service provider, Cambridge Mobile Telematics (“CMT”).

License

‎For each Submission, you hereby grant to us a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to store, reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use, analyze and exploit such Submission, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes). In addition, if you provide to us any ideas, proposals, suggestions or other materials (“Feedback”), whether related to the App or otherwise, such Feedback will be deemed a Submission, and you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place Amica under any fiduciary or other obligation.

You represent and warrant that you have all rights necessary to grant the licenses granted in this section, and that your Submissions, and your provision thereof through and in connection with the App, are complete, accurate and up-to-date, and are not fraudulent, tortious or otherwise in violation of any applicable law or any right of any third party.

Monitoring; Analysis

We may (but have no obligation to) monitor, store, review and/or analyze your access to and use of the App, including Submissions and Driving Data and other information collected by the App, and monitor, evaluate, alter and/or remove Submissions. Amica may use data and will not disclose information to other parties except as permitted by this Agreement, the StreetSmart by Amica Privacy Notice and Amica’s Online ‎Privacy Policy.

Your Limited Rights

The App is licensed (not sold) to you. Subject to your compliance with this Agreement, and solely for so long as you are permitted by Amica to use the App, we hereby permit you, on a limited, non-exclusive, revocable, non-transferable, non-sublicensable basis, to install and use the App on a mobile device that you own or control, solely for your personal, non-commercial use. If you fail to comply with any of the terms or conditions of this Agreement, you must immediately cease using the App and remove (that is, uninstall and delete) the App from your mobile device, and may be required to confirm your compliance with the foregoing upon our request. You acknowledge and agree that Amica may from time to time issue upgraded versions of the App, and may automatically deliver to your mobile device corresponding updates to, or updated versions of, the App. You consent to such automatic upgrades and updates, and agree that the terms and conditions of this Agreement (as may be modified by Amica from time-to-time, as further described above) will apply to all such upgrades and updates. In addition, you must comply with the terms of any third-party agreement applicable to you when using the App, such as any terms and conditions separate from this Agreement with respect to any third-party software code that may be incorporated in the App. 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.

Amica’s Proprietary Rights

We and/or our licensors own the App, which is protected by proprietary rights and laws. Our trade names, trademarks and service marks include AMICA, STREETSMART and any associated logos, including the Amica logo and StreetSmart Owl logo. All trade names, trademarks, service marks and logos on the App not owned by us are, licensed by Amica, and are the property of their respective owners. You may not use our trade names, trademarks, service marks or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the App should be construed as granting any right to use any trade names, trademarks, service marks or logos without the express prior written consent of the owner.

Confidentiality

You will not be provided confidential information by way of your use of the App.

Resources

The App may make available information, data, services, functionality or other resources (collectively, “Resources”), as well as references and links to such Resources. Resources may be made available by Amica or by third parties, and may be made available for any purpose, including for general information purposes. We make no representations as to the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety of any or all of the Resources or the App, or any intellectual property rights therein. Resources, and the availability of any Resources, are subject to change at any time without notice. Except to the extent prohibited under applicable law, we disclaim all liability and responsibility arising from any reliance placed on any Resources by you or any other user of the App, or by anyone who may be informed of the content of any Resources. Certain descriptions of Resources are approximate and are for convenience only. It is your responsibility to ascertain and obey all applicable laws (including minimum age requirements) regarding your receipt, possession and use of any Resource.

Third Party Resources; Links

Certain App functionality may make available access to Resources made available by third parties (“Third Party Resources”), or allow for the routing or transmission of such Third Party Resources, including via links. By using such functionality, you are directing us to access, route and transmit to you the applicable Third Party Resources.

We neither control nor endorse, nor are we responsible for, any Third Party Resources, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety of Third Party Resources, or any intellectual property rights therein. Certain Third Party Resources may, among other things, be inaccurate, misleading or deceptive. Nothing in this Agreement shall be deemed to be a representation or warranty by Amica with respect to any Third Party Resources. We have no obligation to monitor Third Party Resources, and we may block or disable access to any Third Party Resources (in whole or part) through the App at any time. In addition, the availability of any Third Party Resources through the App does not imply our endorsement of, or our affiliation with, any provider of such Third Party Resources, nor does such availability create any legal relationship between you and any such provider.

YOUR USE OF THIRD PARTY RESOURCES IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS AND POLICIES APPLICABLE TO SUCH THIRD PARTY RESOURCES (SUCH AS TERMS OF SERVICE OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH THIRD PARTY RESOURCES).

Disclaimer of Warranties

THE APP AND ANY RESOURCES AND THIRD PARTY RESOURCES ARE MADE AVAILABLE TO YOU ON AN “AS IS,” “WHERE IS” AND “WHERE AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. AMICA DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE APP AND ANY RESOURCES AND THIRD PARTY RESOURCES TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE ON BEHALF OF BOTH AMICA AND ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS (COLLECTIVELY, THE “AFFILIATED ENTITIES”), AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.

While we seek to maintain the timeliness, integrity and security of the App, we do not guarantee that the App (including any Driving Data or other information collected by the App, or any maps made available through or in connection with the App) is or will remain updated, complete, correct or secure, or that access to the App will be uninterrupted. The App may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the App. If you become aware of any such alteration, contact us at Streetsmartsupport@amica.com with a description of such alteration and its location on the App.

Limitation of Liability

AMICA, ITS LICENSORS, AND ITS AND THEIR AFFILIATES AND SUPPLIERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOST PROFITS AND LOSS OR DESTRUCTION OF DATA) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE APP, OR RELATED FIRMWARE, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE OR DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF SUBMISSIONS OR DRIVING DATA (INCLUDING UNAUTHORIZED INTERCEPTION BY THIRD PARTIES OF ANY SUBMISSIONS OR DRIVING DATA), EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WITHOUT LIMITING THE FOREGOING, AMICA, ITS LICENSORS, AND ITS AND THEIR AFFILIATES AND SUPPLIERS WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE APP OR FROM ANY RESOURCES OR THIRD PARTY RESOURCES, INCLUDING FROM ANY VIRUS THAT MAY BE TRANSMITTED IN CONNECTION THEREWITH. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE APP OR ANY RESOURCES OR THIRD PARTY RESOURCES IS TO STOP USING THE APP. ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE ON BEHALF OF BOTH AMICA AND THE AFFILIATED ENTITIES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.

Applicable law may not allow for limitations on certain implied warranties, or exclusions or limitations of certain damages; solely to the extent that such law applies to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have certain additional rights.

Indemnity

Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold harmless Amica and the Affiliated Entities, and their respective successors and assigns, from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including attorneys' fees) arising out of or relating to (a) your use of, or activities in connection with, the App (including all Submissions); or (b) any violation or alleged violation of this Agreement by you.

Term; Termination

This Agreement is effective until terminated. If you remove the App (that is, uninstall and delete the App) from your mobile device or otherwise cease use of the App prior to the end of such period, including if you are required to remove the App or otherwise cease use of the App pursuant to the terms of this Agreement or the StreetSmart by Amica Terms and Conditions, then your policy and/or premium, discount, or StreetSmart rewards may be affected. Notwithstanding, and without limiting, the foregoing, Amica may terminate or suspend your use of the App at any time and without prior notice, for any or no reason, including if Amica believes that you have violated applicable law, materially breached, violated or acted inconsistently with the letter or spirit of this Agreement. In the event of any breach of violation of the intellectual property rights granted herein, Amica reserves the right to seek an injunction against you to prevent future wrongdoing. Upon any termination or suspension, your right to use the App will immediately cease, and Amica may, without liability to you or any third party, immediately deactivate or delete your user name, password and account, and all associated Driving Data and other materials, without any obligation to provide any further access to such Driving Data or other materials. Sections 2–9 and 11–23 of this Agreement shall survive any expiration or termination of this Agreement.

Governing Law

The terms of this Agreement are governed by the laws of the State of Rhode Island, without regard to its principles of conflicts of law, and regardless of your location. Any legal suit, action or proceeding arising out of, or related to, Agreement shall be instituted exclusively in the federal courts of the United States located in the State of Rhode Island or the courts of the State of Rhode Island, although we retain the right to bring any suit, action or proceeding against you for breach of this Agreement in your state or country of residence or any other relevant state or country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Information or Complaints

If you have a question or complaint regarding the App, please send an e-mail to Streetsmartsupport@amica.com. You may also contact us by writing to: 100 Amica Way Lincoln, RI 02865, or by calling us at 1-800-242-6422 . Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us.

Export Controls

You are responsible for complying with United States export controls in connection with use of the App and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; or (b) on any of the U.S. government lists of restricted end users.

Miscellaneous

This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Amica. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default under this Agreement will be deemed a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in this Agreement shall be construed as if followed by the phrase “without limitation.” This Agreement, including any terms and conditions incorporated herein, is the entire agreement between you and Amica relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Amica relating to such subject matter. Notices to you (including notices of changes to this Agreement) may be made via posting to our website, the App or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Amica will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.

Apple-Specific Terms

In addition to your agreement with this Agreement, and notwithstanding anything to the contrary herein, the following provisions apply with respect to your use of any version of the App compatible with the iOS operating system of Apple Inc. (“Apple”). Apple is not a party to this Agreement and does not own and is not responsible for the App. Apple is not providing any warranty for the App except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the App and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the App, including any third-party product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the App, including those pertaining to intellectual property rights, must be directed to Amica in accordance with the “Information or Complaints” section above. The license you have been granted herein is limited to a non-transferable license to use the App on an Apple-branded product that runs Apple's iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple's App Store Terms of Service. In addition, you must comply with the terms of any third-party agreement applicable to you when using the App, such as your wireless data service agreement. Apple and Apple's subsidiaries are third-party beneficiaries of this Agreement and, upon your acceptance of the terms and conditions of this Agreement, will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof; notwithstanding the foregoing, Amica's right to enter into, rescind or terminate any variation, waiver or settlement under this Agreement is not subject to the consent of any third party.