Terms of Use

Your use of the True Mileage Discount Program (the “Program”) is governed by these terms of use (the “Terms”), so please read them carefully.  Participation in the Program is conditional on your acceptance of these Terms.  If you do not agree with any part of these Terms, then you may not participate in the Program.

Please note that these Terms may change at any time.  Please check www.truemileage.com regularly for the most recent version of these Terms.  Your continued participation in the Program will constitute acceptance of any changes to the Terms.

This Program is offered through partnerships with participating insurers (“Insurers”) with the primary aim of providing you with auto insurance discounts (“Discounts”) based on your driving patterns, as measured through use of a proprietary True Mileage device (the “Device”) and reported through use of the Memory Postcards (the “Postcards”).

Registration and Conditions of Use

To enroll into the Program, you must register online and provide your email, mailing address, phone number, billing information, and vehicle information (“Personal Information”).  Your enrollment and continued participation in the Program depends upon your provision of such Personal Information, keeping such Personal Information up-to-date with True Mileage, and your acceptance and compliance with all the provisions of these Terms.  Failure to comply with any of these Terms may result in a denial of all discounts and exclusion from the Program.  True Mileage reserves the right to deny your enrollment into the Program for any reason.

Discounts

Discount may vary based upon a number of factors, such as driving data, reliability of data, timely completion of participant requirements, timely payment of program fees, frequency and duration of device disconnects, and other variables including those contributing to rating mileage.  Discount formulas and factors are subject to change.  Please note that Discounts provided by True Mileage are recommended discounts only, and may be subject to modification or denial by the Insurer.

Using the Device and Postcards

True Mileage will send you a Device and Postcard upon completion of your enrollment into the Program.  Upon receipt, the Device must be installed immediately in the data outlet of your enrolled vehicle (the data outlet is typically located just below your vehicle’s steering wheel).  Once installed, the Device will begin tracking information regarding your driving patterns (“Driving Data”).  You must then use the Postcard to relay Driving Data to True Mileage.  True Mileage will then send you additional Postcards, and you will be required to continue relaying Driving Data to True Mileage on a regular basis.  Driving Data must be transferred immediately after initial installation, two months after initial installation, and every three to six months thereafter.  True Mileage recommends that you do NOT use the Device on vehicles with old or weak batteries or that will go long periods of time without being driven, as the Device will continually draw a small amount of energy from the vehicle’s battery, which may result in a dead battery.  In addition, please note that the Device may not be compatible with your vehicle.  If you are unable to install the Device into your vehicle, you will not be eligible to participate in the Program and you will be required to return the Device immediately.

Unacceptable Uses

The following uses of Devices and Postcards are forbidden and may result in a denial of discounts and exclusion from the Program:

• Installing a Device, even temporarily, in a vehicle other than the enrolled vehicle associated with the Device
• Transferring data to a Postcard from any source besides a Device that is installed in and properly associated with an enrolled vehicle
• Attempting to tamper with a Device or a Postcard
• Attempting to manipulate, misrepresent, or improperly report Driving Data

If any of the above has occurred inadvertently, please contact True Mileage immediately.

Data Collected by True Mileage

True Mileage requires you to provide certain Personal Information when enrolling into the Program, as described above in the “Registration and Conditions of Use” section.

Once installed, a Device will also begin collecting the following types of Driving Data from your vehicle (and use thereof):

• VIN
• Vehicle Protocol
• Time stamps for various events
• Device Connect and Disconnect
• Mileage
• Trip duration
• Accelerations
• Engine parameters
• Voltage
• Error Codes

This Driving Data will be reported to True Mileage whenever you transfer it onto a Postcard and mail it to us.

Please note that the Device does NOT collect any information regarding the location of your vehicle, the identity of the driver, or whether or not your vehicle is exceeding the speed limit at any given point in time.



Use of Information

All Personal Information gathered will be used solely to administer services to you under the Program, to provide you with updates and announcements from time to time, and to send you information about us or our partners.  Driving Data gathered from an installed Device is used, along with other factors, to determine your eligibility for Discounts with Insurers, and also to administer and improve the Program.  True Mileage does not collect Personal Information or Driving Data for the purpose of sale of such information in a way that specifically identifies the individual (i.e. we don’t sell customer lists).

Disclosure of Information

True Mileage will not share any Personal Information or Driving Data with third parties unless it’s necessary or appropriate to your participation in the Program, to prevent fraud, to protect the rights or property of others (including True Mileage), or to comply with law.  For example, Personal Information and Driving Data may be disclosed to Insurers in the course of providing you with Discounts on your automobile insurance.  In addition, in the event of an accident, Driving Data may be sought by opposing parties in a civil lawsuit or by police when investigating the cause of an accident, and True Mileage may be legally obligated to provide such information in response to a subpoena or as otherwise required by law.  Please note that in such an event, you may also have a legal obligation to preserve Driving Data.

True Mileage may also disclose your Personal Information and Driving Data in connection with a corporate re-organization, a merger or amalgamation with another entity, a sale of all or a substantial portion of our assets or stock, including any due diligence exercise carried out in relation to the same, provided that the information disclosed continues to be used for the purposes permitted by these Terms by the entity acquiring the information.

Security

The security of your Personal Information and Driving Data is important to us.  We use commercially reasonable efforts to gather, store, and maintain your Personal Information and Driving Data in a secure environment.  We take technical, contractual, administrative, and physical security steps designed to protect Personal Information and Driving Data that you provide to us.  We have implemented procedures designed to limit the dissemination of your Personal Information and Driving Data to only such designated staff as are reasonably necessary to carry out the stated purposes we have communicated to you.

Retention of Information

True Mileage will keep your Personal Information for as long as it remains necessary for the identified purpose or as required by law, which may extend beyond the termination of its relationship with you.  True Mileage may retain certain data as necessary to prevent fraud or future abuse, or for legitimate business purposes, such as analysis of aggregated, non-personally-identifiable data, account recovery, or as required by law.  True Mileage expressly reserves the right to retain your Driving Data indefinitely.  However, it will preserve your privacy in such an event by de-personalizing any Driving Data shared with third parties (apart from your Insurer), unless otherwise required by law.  All retained Personal Information or Driving Data will remain subject to the provisions of these Terms.

Property Rights

True Mileage retains all right, title, and interest in the Devices and Postcards, associated firmware, discount methodology, mobile applications, and any other proprietary technology associated with the Program (the “True Mileage Technology”).  You may not reverse engineer, disassemble, decompile, alter, duplicate, translate, make copies of, or create derivative works from the True Mileage Technology, or otherwise attempt to derive the source code of any firmware, except to the extent allowed under applicable law.  If applicable law permits such activities, any information discovered as a result of these activities must be promptly disclosed to True Mileage and shall be the confidential and proprietary information of True Mileage.

Currently pending patents apply to the Program and to the True Mileage Technology.

Termination

Participation in the Program is voluntary and may be terminated by you or True Mileage at any time and for any reason.

Return of Devices and Postcards

Devices and Postcards in your possession must be returned by mail upon termination of your participation in the Program, discovery of any defect in or inability to otherwise use the Device or Postcard properly, and the request of True Mileage.  If a Device or Postcard is not received within 30 days of termination or request by True Mileage, you will be charged a fine.  In the event of an unreturned Device, you will be charged $100.  In the event of an unreturned Postcard, you will be charged $20.  Lost or stolen Devices and Postcards that are not reported to True Mileage within 30 days will also be subject to these charges.

Limitation of Liability

YOU AGREE THAT TRUE MILEAGE’S LIABILITY FOR DAMAGES CAUSED BY THE DEVICE SHALL BE LIMITED TO PROPERTY DAMAGE TO THE VEHICLE IN WHICH IT IS INSTALLED.  FURTHER, TRUE MILEAGE SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR BODILY INJURY OR DAMAGE TO OTHER VEHICLES OR PROPERTY, CAUSED BY OR RESULTING FROM THE DEVICE HAVING BEEN INSTALLED IN THE VEHICLE.