Terms of Use for Mobile App

Last updated on January 30, 2022

Your use of the HDVI mobile application (mobile app)  is expressly conditioned on your acceptance of these Terms of Use. If you do not agree with any part of the Terms of Use, you must not use this mobile app.

High Definition Vehicle Insurance, Inc. and its affiliated companies (“HDVI”) reserve the right to modify these Terms of Use at any time. Continued use of this mobile app by you will constitute your acceptance of any revisions to the Terms of Use.

These terms apply only to your use of the HDVI mobile app and do not change or modify any other agreement of contract between you and HDVI. Please check these terms regularly.

1. Privacy Policy

Our Privacy Policy can be found here. Our privacy policy discusses:

  • The information we collect from you when you visit and use our mobile app.
  • How we share it,
  • And how we use it.

Our Privacy Policy forms a part of these Terms of Use and is hereby incorporated by reference. By using the mobile app you consent and the collection, use and sharing of information as therein. Additionally, by using this mobile app, you acknowledge and agree that transmissions are secure.

2. User Accounts

You may have access to a personalized account when using the HDVI mobile app. When you access an account, you are attesting that you will abide by these terms and that the personal information in your account is accurate, complete and current at all times. If you submit inaccurate, incomplete or not current information, HDVI may, at HDVI’s sole discretion, take any action with respect to your account that it deems appropriate under the circumstances, including, without limitation, immediate suspension or termination of your account.

By accessing an account through the mobile app, you agree that HDVI can contact you with email or other communications relating to your account and/or the mobile app. You can contact us at support@hdvi.com to request that we remove you from our marketing distribution lists. We reserve the right to refuse service, terminate accounts, remove or edit content in our sole discretion.

3. User Responsibility

You are responsible for maintaining the confidentiality of your account, including but not limited to the restriction of access to your computer and/or account, and protection of your password. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password. You must notify us immediately by sending an email to support@hdvi.com upon becoming aware of any breach of security or unauthorized use of your account.

You may be required to pay taxes on rewards that you receive from the safe driving rewards program accessible through this mobile app. You are responsible for any tax obligations, including income tax, with respect to any rewards you receive as part of the safe driving rewards program.

4. User Representations

You understand that if you provide incorrect or incomplete information it may affect the value of the mobile app to you. You state to us that:

  • You have the power, authority, and are of sufficient legal age to enter into these Terms of Use
  • You agree to not pretend that you are, or that you represent, someone else, or impersonate any other person or entity.
  • The information that you provide to us will be current, true, accurate, supportable, and complete.
  • You are at least 18 years of age.

5. Third-Party Sites

This mobile app may contain links to Internet Websites (“Third-party Sites”) that are not maintained by HDVI. These links are provided solely for your convenience. HDVI makes no warranties or representations about the content of, any products or services offered by, or the intellectual property compliance of, such Third-party Sites. We recommend that you take the time to read the privacy policies and user agreements of these sites.

6. User Feedback Policy

When you provide feedback, ideas or materials to HDVI (“Feedback”), such as for marketing, advertising, promotions, contests, products, services, devices, processes, trademarks, logos, artwork, music, photos, or videos, you grant to HDVI a perpetual, irrevocable, world-wide, royalty-free right and license to use, modify, publish, disclose, or exploit the Feedback at HDVI’s discretion.

7. Copyright

Except where otherwise indicated, all materials contained in this mobile appare the copyrighted property of HDVI, its affiliated companies and/or third-party licensors. Except as expressly provided herein, you shall not use any portion of this mobile app, or any other intellectual property of HDVI (including, but not limited to HDVI service marks), on any other website or application, in the source code of any other website or application, or in any other printed or electronic materials. Except as expressly provided herein, you shall not modify, publish, reproduce, republish, create derivative works, copy, upload, post, transmit, distribute, or otherwise use any of this mobile app’s content or frame this mobile app within any other website or application without our prior written permission.

8. Disclaimer of Warranty

The content and materials on this mobile app are provided “as is” and without representations or warranties of any kind, either express or implied. To the fullest extent permitted by law, HDVI expressly disclaims all warranties, express or implied, with respect to this mobile app including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement. HDVI does not warrant or represent that the functions or operation of this mobile app will be uninterrupted or error-free, that defects will be corrected, or that this mobile app, its servers or any email sent from HDVI are free of viruses or other harmful components.

9. Limitation of Liability

To the fullest extent permitted by law, HDVI shall not be liable for any injury, loss, claim, or damage, nor any indirect, special, incidental or consequential damages of any kind, whether based in contract, tort, strict liability or otherwise, which arises out of (a) the use of, or inability to use, this mobile app or content found in this mobile app, or (b) unless resulting from the gross negligence or intentional actions of HDVI, the unauthorized access to or alteration of your transmissions or data, even if HDVI has been advised of the possibility of such damages.

10. Modifications

These Terms of Use may be modified by HDVI at any time by updating and posting a new version of it on the mobile app or by otherwise notifying you of the revised Terms of Use. By subsequently using the mobile app, you agree to be bound by the terms and conditions of the version of these Terms of Use that are in force during such use.

11. Specific enforcement of rights

Our failure to enforce any right or provision of these Terms of Use will not be considered a waiver of those rights. If any provision of these Terms of Use is held to be invalid or unenforceable by a court, the remaining provisions of these Terms of Use will remain in effect. These Terms of Use constitute the entire agreement between us regarding our mobile app, and supersede and replace any prior agreements we might have had between us regarding the mobile app.

12. Governing law

In general, these Terms of Use shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions. You also agree that the state or federal courts sitting in San Francisco, California, shall have exclusive jurisdiction and venue over any claim or dispute arising out of these Terms of Use or relating to your use or visitation of our mobile app, and you hereby consent to the personal jurisdiction and venue of the federal and state courts sitting in San Francisco, California.

Notwithstanding the foregoing, all policies for motor vehicle insurance are governed by the laws in the state in which such policies are written. Should any provision of these Terms of Use be held invalid, unlawful or for any reason unenforceable, then the invalid, unlawful or unenforceable provision shall be severable from the remaining provisions. Such invalid, unlawful or unenforceable provision shall not affect the validity or enforceability of the remaining provisions.

13. Restrictions on use of the mobile app

You may not rent, lease, lend, sell, redistribute, reproduce, or sublicense the mobile app. You may not copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of this mobile app, or any part thereof. If for some reason these restrictions are prohibited by applicable law or by an agreement we have with one of our licensors, then the activities are permitted only to the extent necessary to comply with such law or license(s). You may not exploit or interfere with the mobile app in any unauthorized or unlawful way whatsoever, including, but not limited to, by trespassing or burdening the network infrastructure or capacity.

14. Termination

We may terminate or suspend your account and bar access to the mobile app immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms of Use. Please note that termination described in this section pertains to your use of the mobile app and access to an account on this mobile app. Termination or cancellation of an insurance policy with HDVI is governed by the various state insurance laws and regulations.

If you wish to terminate your use of the mobile app, you may simply discontinue using the mobile app. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

15. Miscellaneous

The invalidity or unenforceability of any provision of these Terms of Use shall not affect the validity of these Terms of Use as a whole and any such provision shall be enforced, and reconstructed if need be in a way that best embodies the intent of these Terms of Use, to apply to the maximum extent allowable under applicable law. These Terms of Use may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of the Terms of Use by their express terms. Any claim or dispute between us must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. The section headings used herein are for convenience only and shall not be given any legal import.