These terms and conditions (the ‘Terms and Conditions’) relate to the registration and use of the GIZO telematics app and/or the website application (the ‘App’) which is provided by Artificient Mobility Intelligence GmbH, Jülicher Str. 209, 52070 Aachen, Germany (‘Artificient’ or ‘we/us’).
The purpose of the App is to display information about your driving and the vehicle insured under the Policy (the ‘Insured Vehicle’). This information is collected to provide you with the Policy and it is displayed through the App so that you may see your driving score and journey information.
- Acceptance of Terms and Conditions
By clicking “Accept” below, you agree to be bound by the Terms and Conditions whether or not you have read them. If you do not agree to the Terms and Conditions, you will be unable to run or activate the App.
We may from time to time modify the Terms and Conditions. If and when we do this, you will be prompted with the modified Terms and Conditions and asked to accept them before you next log into the App.
- Access to the App and Service Activation
We use reasonable effort to allow uninterrupted access to the App, but access to the App may be suspended, restricted or terminated at any time. To be granted access to the App, you are required to have an active and valid Policy for your Insured Vehicle. You are only allowed to use the App if you are the owner of the Insured Vehicle.
When registering to access the App, you will be asked to provide some basic personal information to ensure the App is linked to the Insured Vehicle and you as the owner of the Insured Vehicle. You will also be asked to create a password. You are responsible for safeguarding the password that you create to access the App and are responsible for any activity using your account, whether or not you authorised that activity. You should immediately notify GIZO of any unauthorised use of your account using the contact information available on the website.
The App is provided to you free of charge and you will not be charged for installing the App.
GIZO charges insurance companies service fees for providing safety functions, driving data collection and analysis services.
- Third Party App Stores
Your use of the App is also subject to any terms, rules or policies of any app store provider and/or operator (“App Store Provider”) from whom you have downloaded the App (“App Store Terms”). In the event of any conflict between these Terms and any App Store Terms, the App Store Terms will prevail. You represent and warrant that you are not located in a country that is subject to a German Government embargo and you are not listed on any German Government list of prohibited or restricted parties.
- Licence Restrictions
You hereby agree that you will not under any circumstances:
- Use, sell, license, reproduce, distribute, or display the App;
- Rent, lease, lend, sell, or sublicense the App to another person, company, or other entity;
- Sublicense, sell, assign, convey, or transfer any of its rights under these Terms and Conditions except as specifically provided herein;
- Distribute, post, transfer, or upload the App online in a downloadable format or enable it to be distributed via mobile telephone or other electronic devices; and
- Post, upload, or transfer the App in any form on websites offering customization services.
- Acceptable Use Restrictions
You must not use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example:
- by hacking into or inserting malicious code, such as viruses, or harmful data, into the App or any operating system;
- infringe our intellectual property rights or those of any third party in relation to your use of the App (to the extent that such use is not licensed by these terms);
- transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App;
- use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users.
You can stop using the App at any time. You may be able to uninstall or deactivate the App from your smartphone depending on the model of smartphone you own. This would mean you would no longer be able to access your driving performance information, the Green Impact Score, or other information provided through the App.
GIZO reserves the right to suspend the use of the App at any time, with or without cause, and with or without notice. Cause for such actions include:
- violations by you of the Terms and Conditions of the App;
- a request by you to cancel or terminate your account;
- a request and/or order from law enforcement, a judicial body, or other government agency;
- unexpected technical or security issues or problems;
- your participation in fraudulent or illegal activities;
- cancellation of your Policy.
- Intellectual Property
The copyright, design rights and all other intellectual property rights in the GIZO name, logo and branding, look and feel contained in the Service, are the property of Artificient. You must not use, extract or reproduce these trademarks or content, except as expressly permitted by Artificient. All rights are reserved and Artificient may take legal action in the event of any unauthorised use or infringement or impairment of their intellectual property rights.
Without prejudice to the foregoing statement regarding GIZO intellectual property, the copyright and all other intellectual property rights in the material contained in the App, together with the design, text and graphics and their selection and arrangement and all software compilations, underlying source code and software (including applets) belongs to Artificient or our licensors. All rights are reserved.
None of this material may be reproduced or redistributed without the prior written permission of Artificient. You may, however, download or print a single copy for your own non-commercial off-line viewing.
- App Limitations
It is your responsibility to ensure your smartphone is kept in good order for you to use the App. We provide one version of the App for your personal use only.
You are responsible for ensuring the compatibility of the App with your smartphone, and for the installation of, use of, and results obtained from the App. You shall ensure that your device meets the system requirements, including without limitation, obtaining updates or upgrades from time to time, in order to continue using the App. We do not warrant or accept any liability for operation of the device used to access the App.
- Limitation of Liability
Subject to the following paragraphs in this section and to the maximum extent permitted by law, we and our licensors shall not be liable for any losses or damages, whether these arise directly or indirectly as a result of your use of the App, and whether under contract or tort (including negligence), resulting from:
- the use or the inability to use the App;
- unauthorised access to or alteration of your data; or
- any other matter relating to the App.
The App only provides driving assistance functions and DOES NOT take control of the vehicle. In the case of an accident while the App is in use, no matter whether the pre-collision warning is triggered or not, the driver shall take full responsibility. We will not be responsible for any loss or damage that we or you could not reasonably expect at the time you first began to use the App or which is out of our control.
The App consumes mobile phones’ CPU, GPU, and other resources to process road imagery. We recommend having your device plugged in if you are going to use it for extended periods of time.
The App also provides speed limit information on the current driving road based on the GPS location and speed limit database from the map service provider (Mapbox, San Francisco, California, US). In the case of incorrect speed limit information because of inaccurate GPS localization and incorrect speed limit data in the database, which causes accidents or violations, we take no responsibility.
Further, the App provides advanced driving assistance functions to enhance driving safety, including traffic signals and distance-keeping notifications, pre-collision warnings and driver distraction and fatigue warnings. Incorrect app use or under extreme weather or low light conditions, the system may have misdetections and misjudgements and cause false alarms. App users shall be responsible for making correct judgments about the current driving condition to avoid accidents and obey traffic rules.
The carbon emission in the App’s Green Impact Score is estimated through an analytical simulation based on vehicle model and trip information and the driver’s driving behaviours. The App’s estimated carbon emission does not reflect the actual carbon emission from the vehicle.
The App is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We use reasonable endeavours to ensure that the data on the App is accurate and to correct any errors or omissions as soon as practicable after being notified of them. However, we do not guarantee that the App will be fault free and we do not accept liability for any errors or omissions.
The global mobile system is generally not regarded as a secure environment, and information sent via the global mobile system (such as to or from your smartphone) may be accessed by unauthorized third parties, potentially leading to disclosures, changes in content or technical failures.
Due to the nature of electronic transmission of data over the global mobile system, any liability we may have for any losses or claims arising from an inability to access the App or reliance on the data transmitted using the App, is excluded to the fullest extent permissible by law.
Notwithstanding any other provisions in these Terms, we are responsible and do not limit or exclude our liability for compensating you for personal injury or death caused by our negligence, for fraud or for any other liability which cannot be legally excluded or limited.
Nothing in these Terms restricts or affects any legal rights you may have as a consumer.
You hereby agree to defend, indemnify, and hold harmless Artificient, their directors, officers, employees, and agents, and their assigns and successors-in-interest, from and against any and all liability, damages, losses, claims, demands, actions, causes of action, or costs (including attorneys’ fees and expenses) arising out of or resulting from: a) Your use of the App; b) breach of these Terms and Conditions by you or related parties such as directors, officers, employees, contractors or agents or their permitted assigns or successors-in-interest (“Related Parties”); or c) any negligent or intentional act or omission by Related Parties.
- No Warranty; Transfer Limitations; Audit Rights
The App is being delivered to you “AS IS.” Artificient makes no warranty as to use or performance of the App and hereby disclaims all warranties, express or implied, whether by state, common law, custom, usage, or otherwise, including warranties regarding noninfringement of third-party rights, merchantability, and fitness for any particular purpose.
You acknowledge and agree that: i) your usage and ability to access the App may at times be limited or restricted due to channel carrying capacity or data transfer speeds (sometimes referred to as bandwidth limitations) related to the technical capacities of Artificient and/or third parties; and ii) Artificient and such third parties are not liable in any manner for such limitations or restrictions.
Artificient reserves the right to audit your usage of the App from time to time in order to verify your full compliance with these Terms and Conditions. You agree that upon notice from us you shall provide such information and records as is reasonably requested in connection with such audit or audits.
- General Terms
Transfer of Rights. You agree that we may transfer our rights and obligations under these Terms and Conditions to another company. If we transfer our rights and obligations to any other third party, we will let you know. You may not transfer your rights or your obligations under these terms to another person.
Severability. Each of the provisions of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
No Waiver. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
Notices. We may send you notices by email, text, or post.
Complaints. Our aim is at all times to provide you with an excellent service. However, if you are unhappy with our service for any reason, please contact us. For information about how to contact us, please visit our contact page.
Governing Law. The German Basic Law will apply to this contract unless:1. You and GIZO agree otherwise; or 2. At the date of the contract you are resident of (or, in the case of a business the registered office or principal place of business is situated in) England, Wales, Scotland, Northern Ireland, the Channel Islands or the Isle of Man, in which case (in the absence of agreement to the contrary) the law for that country will apply.
- Contacting us
If you have any questions about how we use personal information, or if you want to exercise your rights stated above, please contact us at firstname.lastname@example.org. If you have a complaint or concern about how we use your personal information, please contact us in the first instance and we will attempt to resolve the issue as soon as possible.