American Family Mutual Insurance Company, S.I. MilesMyWay Terms & Conditions

Welcome to MilesMyWay, a mileage-based auto insurance program (“Program”) designed and administered by American Family Mutual Insurance Company, S.I. (“American Family”). This document contains important information about your rights, benefits, costs and limitations under the Program. You should read it carefully before deciding to participate because your participation in the Program means that you accept the Terms & Conditions. We may modify the Terms & Conditions at any time at our discretion and your continued participation in the Program means that you accept those changes. You can always view the most current version of the Terms & Conditions document by logging into the MilesMyWay smartphone application.

Program Overview
The Program is administered by a company ("Vendor") on behalf of American Family. Your participation in the Program allows you to earn savings on the premium paid for your auto insurance policy based on the mileage driven in your enrolled vehicle(s). Your mileage is monitored through a downloadable smartphone application (“App”) and a telematics sensor (“Sensor”) that is affixed to each enrolled vehicle. The person who owns the policy (“Policyholder”) has the opportunity to earn savings by participating in the Program.*

Once you have downloaded the App and affixed a Sensor to each enrolled vehicle, collected. The sensor will capture data even when your phone is not in the vehicle. That data, along with data captured by your phone, will be transmitted to the Vendor by your phone the next time you have it in the car. This data is securely stored within the Vendor’s systems and securely transferred to American Family. You will be able to access your driving information through the App.

The App uses your smartphone data plan to upload information to the Vendor's data storage system. The amount of data used by the App will fluctuate based on how often and how far your car is driven. It is your responsibility to maintain a data plan sufficient to allow for this usage and American Family is not responsible for any data charges (including overage charges) associated with use of the App.

Eligibility & Program Requirements
The following are necessary to participate in the Program:

• You must be an operator on an auto insurance policy issued or bound by American Family or one of its participating subsidiaries (“Policy”). By enrolling in the Program, you attest that you are an operator under the Policy.**  
• All vehicles enrolled in the Program must carry Bodily Injury and Property Damage (BI/PD) coverage.**
• You must download the App to your smartphone and begin using it within 28 days of enrollment or your participation in the Program may be terminated.
• You must install a Sensor in every vehicle enrolled in the Program within 28 days after receiving the Sensor. Tampering with or destroying the Sensor(s) may result in termination of the vehicle’s or Policy’s participation in the Program.
• A smartphone with the App installed must be present in the enrolled vehicle(s) for at least 80% of the trips taken. This may require that multiple vehicle operators download and install the App.
• You must have a compatible smartphone with an adequate data and coverage plan.
• You must transmit information through the App at least every 28 days. Failure to do so may result in your termination from the Program.
• Your enrolled vehicle must remain in the Program throughout an entire evaluation period (“Evaluation Period”) in order to be eligible for earned savings during that period.
• The permissions on your smartphone must be configured to allow the App and Sensor to properly record and transmit your driving data.
• You must request a replacement Sensor if your Sensor no longer functions. Failure to do so may prevent you from earning savings.

Calculation of Earned Savings

• Vehicles enrolled in the Program will be eligible for an introductory savings to be applied to the Policyholder’s billing account for the first two months following the vehicle’s enrollment. 
• After the introductory savings period, customers will be eligible to earn savings based on the rated mileage within each Evaluation Period.
• If there are days for which no data is recorded or transmitted due to the App or the Sensor not being set up according to the registration requirements, we will apply a default mileage. The default mileage will be 24 miles per day.
• Rated mileage will be used to determine earned savings for each evaluation period. The rated mileage Is comprised of miles driven and recorded via the phone when it is present in the vehicle, plus miles driven and recorded via the Sensor when the phone is not present in the vehicle, plus default mileage assessed when no data are available.
• The Policyholder will earn savings when the rated mileage during an Evaluation Period is less than a preestablished maximum.  
• An enrolled vehicle’s premium does not vary throughout the Policy term; however, the savings may vary depending on the difference between the rated mileage and the maximum mileage for each Evaluation Period. 
• We will apply the savings earned during an Evaluation Period to your Policy’s billing account, reducing the premium due on your next bill. Alternatively, the company may return earned savings via a check mailed to you at your last known address. 
• A vehicle must remain enrolled in the Program throughout the entire Evaluation Period in order to earn savings based on that Evaluation Period. Incomplete Evaluation Periods will not be pro-rated.
• The App and Sensor must be able to record and transmit driving data throughout the Evaluation Period in order to be eligible for savings in that period. 
• Any coverage changes you make to your Policy may impact an enrolled vehicle’s premium for the term, depending on whether a premium is charged for that coverage. 
• A vehicle enrolled in the Program will continue to use rated mileage to determine earned savings at each renewal unless the customer has withdrawn from the Program, the Policy has become ineligible, or the Program is ended by American Family. 
• Any calculation or adjustment of the applicable vehicle premium will be subject to the rule, rate, and form filings in the state where the Policy is issued, as well as applicable state regulations.

Participant Agreements
By participating in the Program, each user acknowledges and agrees to the following:

1. That you are granted a nonexclusive, revocable license to access and use the App until participation is terminated by either party. 
2. That you are granted a non-exclusive license to use the firmware in the Sensors provided that such firmware may only be used with the Sensors and associated Program Services. 
3. That American Family or its licensors retains all of its intellectual property rights in the App and firmware, and no rights, title, or interest in either one is transferred to you. 
4. That you (i) must keep your passwords secure and confidential; (ii) are solely responsible for your data and all driving activity; (iii) must use commercially reasonable efforts to prevent unauthorized access to your account, and notify American Family promptly of any such unauthorized access; and (iv) may use the App and Sensor only in accordance with these Terms and Conditions and applicable law. 
5. That you (i) may not reverse engineer the App or firmware or use either in a service provider capacity, (ii) may not use the App or Program to store or transmit infringing, libelous, or otherwise objectionable, unlawful or tortious material, or to store or transmit material in violation of third-party rights; (iii) may not interfere with or disrupt the integrity or performance of the Program; (iv) may not attempt to gain unauthorized access to the American Family’s or the Vendor’s systems or networks; and (v) may not access any aspect of the Program, the App, or the Sensor to build a competitive service or product, or copy any feature, function or graphic for competitive purposes. 
6. That American Family disclaims any warranties for all warranties not expressly provided, including the implied warranties of merchantability, title, and fitness for a particular purpose. 
7. That the App may be compromised, it may not be error free, and use may be interrupted. 
8. That neither American Family nor its licensors are liable to you for any indirect, consequential, incidental or special damages (including, without limitation, lost profits and loss or destruction of data) arising out of the use of the App, firmware, Sensors, or other Program features, regardless of the theory of liability (including negligence and strict liability). 
9. That upon termination from the Program, you agree to delete the App from your smartphone. You must confirm your compliance with the requirement upon request.  Upon termination of agreement between American Family and you, you may no longer access or use the Program’s services. 
10. That you agree to comply with applicable export control laws.
11. That Program participation may be suspended for your violation of law. 
12. That this agreement may be terminated by American Family for your material breach of the agreement. 
13. That a breach of this agreement by you, or a violation of the intellectual property rights granted in this agreement, may cause irreparable harm and American Family may seek an injunction against you to avoid any future breach.
14. That you have no right to, will not, and will not allow others to: (a) reverse engineer, decompile, alter, duplicate, translate, make copies of, or create derivative works from the App; or (b) remove, alter, cover or obfuscate any proprietary rights or notices placed or embedded by American Family or the Vendor on the App 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 us.
15. That American Family is not liable for any mechanical breakdown, software malfunctions, or unexplained issues involving the smartphone or a vehicle before or after the App and Sensor are used including, but not limited to, smartphone battery depletion, vehicle battery depletion, check engine light activation, electrical issues, mechanical issues, or view obstruction. These Terms & Conditions do not give you any rights against American Family as a result of any smartphone or vehicle issues, including but not limited to, crash, break down, failure, defect, flaw, collapse, impairment, or glitch.
16. That your enrollment in the Program may negatively impact the premium you pay due to changes in your rating characteristics and differences in eligibility. These may include, but are not limited to, the loss of certain discounts and, or changes to prior insurance carrier rating.
17. That the Services and firmware are American Family’s confidential information, and end user may not disclose such confidential information.

Data Collection and Use 
The App and Sensor will capture driving data such as geo-positional data and mileage driven for American Family's use in administering the Program.* The App and Sensor may also gather detailed driving data, including but not limited to: accelerations, speed, braking, hours driven, and time of day driven. This data may be used for analysis and future research. By participating in the Program, you acknowledge American Family's right to use the data and information as described in these Terms & Conditions and agree: (1) to allow American Family to access, use, and retain your information and data captured by the App; (2) that American Family may retain the collected data indefinitely (subject to applicable law); and (3) American Family has the right to start collecting data as soon as the App is installed and to continue collecting data for as long as the App is installed on your smartphone.

Privacy
American Family recognizes the importance of our customers' trust. Keeping our customers’ personal information confidential is a top priority for all American Family employees, agents and staff. Our privacy policy can be viewed at https://www.amfam.com/privacy-security 

We will protect the data collected from the App and Sensor. However, the collected data may be deemed discoverable for an accident investigation or litigation purposes and therefore, American Family and/or you may be legally required to provide the data to others. Other than the above-mentioned situations, and unless otherwise required by law, American Family will not disclose or use data obtained from the App to evaluate or resolve claims without your consent. 

Term and Termination
These Terms & Conditions are effective upon enrollment and terminate on the earliest of your request to withdraw the Policy from the Program, termination of your Policy from the Program by American Family, or upon our termination of the Program. If all operators listed on the Policy stop participating in the Program for any reason, including if the Program is discontinued, mileage will no longer be collected and earned savings will no longer accrue. * You must delete the App and remove the Sensor to stop the collection of data. 

Participation in the Program is voluntary and you or any operators listed on the Policy can withdraw from participation at any time. However, prior participation in the Program does not guarantee the opportunity to enroll in the future. If American Family determines that you or any operators listed on the Policy are not complying with these Terms & Conditions, American Family may, in its sole discretion, immediately terminate the Policy’s participation in the Program and may restrict your ability to re-enroll. Further, noncompliance with these Terms & Conditions or discontinued participation may result in the loss of any earned savings and the Policyholder may lose eligibility to re-enroll in the Program in the future.*

Disclaimers and Limitations
If the Terms & Conditions of the Program conflict with the laws of the state for which the Policy is issued, the terms will change to conform to those laws. Any disputes to the terms and conditions provided will be governed by the laws of the state shown in the declarations of the Policy. 

American Family does not guarantee that the App and the use thereof will prevent high risk events, unsafe driving, or collisions, or that other events will be prevented as a result of your enrollment in the Program. American Family also does not guarantee that all high risk events, collisions, unsafe driving or other events will be recorded. American Family does not guarantee against the failure of the App, the recording of incorrect data, or guarantee full-time availability of the App or access to data. American Family does not warrant that the functionality or operation of the App will be uninterrupted or free from error, that any defects in the App will be corrected, or that the App or the server(s) that makes it available are free of viruses or other harmful conditions or components. Your service may be temporarily suspended or permanently terminated at any time for any reason.

AMERICAN FAMILY HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES WHETHER EXPRESS, IMPLIED, OR STATUTORY INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE APP. AMERICAN FAMILY'S SOLE LIABILITY UNDER THIS AGREEMENT AND YOUR EXCLUSIVE REMEDY UNDER THIS AGREEMENT IS LIMITED TO TERMINATION OF THE AGREEMENT. IF THE DISCLAIMER OF ANY IMPLIED WARRANTY IS NOT PERMITTED BY LAW, THE DURATION OF ANY IMPLIED WARRANTY IS LIMITED TO NINETY (90) DAYS FROM THE DATE OF ENROLLMENT. YOU HEREBY ACKNOWLEDGE THAT AMERICAN FAMILY IS NOT LIABLE IN ANY RESPECT TO YOU OR PASSENGERS IN YOUR VEHICLE FOR PROPERTY DAMAGE, PERSONAL OR BODILY INJURY OR DEATH OR OTHER DAMAGES ARISING OUT OF, PERTAINING TO, OR RESULTING IN ANY WAY FROM THE USE, POSSESSION OR INSTALLATION OF THE APP OR ENROLLMENT IN THE PROGRAM INCLUDING BUT NOT LIMITED TO YOUR FAILURE TO REMOVE THE DEVICE OR DISCONTINUE ENROLLMENT IN THE APP AFTER TERMINATION. IN ADDITION, AMERICAN FAMILY IS NOT LIABLE IN ANY RESPECT FOR FALSE REPRESENTATIONS ON YOUR PART, LOST OR STOLEN USER NAMES AND PASSWORDS RESULTING IN UNAUTHORIZED ACCESS TO YOUR DATA, OR INTENTIONAL MALICIOUS INTENT STEMMING FROM THE UNAUTHORIZED USE OF THE APP. NOTWITHSTANDING ANYTHING HEREIN, IN NO EVENT IS AMERICAN FAMILY LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE.