try & DRiVE by OCTO

Terms and Conditions of Use

Acceptance of Terms and Conditions

Please read this important information regarding your participation in Octo Telematics North America, LLC's ("Octo") try & DRiVE program (the "Program"). BY INSTALLING A TELEMATICS DEVICE INTO YOUR VEHICLE(S), YOU ACKNOWLEGE THAT YOU HAVE READ AND ACCEPT THE TERMS AND CONDITIONS OF THE PROGRAM LISTED BELOW.

Participation in the Program

Your participation in the Program is expressly conditioned on your acceptance of these terms and conditions. If you do not agree with these terms and conditions, you will not be able to participate in the Program. Participation in the Program is voluntary; you may choose to stop your participation at any time. Your continued use of the telematics device indicates your acceptance of the Program's terms and conditions.

You acknowledge that you are authorized by the registered owner(s) of the vehicle in which the telematics device will be installed to install this device, allow information to be collected by the device, and permit us to retain and use the information as described in this agreement. You also agree to inform others who operate your vehicle that it includes a telematics device that is gathering vehicle-usage data. If you sell your vehicle during the Program, you agree to remove the device prior to transferring your vehicle. You are responsible for the device until it is returned to Octo and you agree to ensure that it is not used for improper or abusive purposes.

Octo reserves the right to amend the terms and conditions of the Program, including terminating the Program at any time.

About the Telematics Device

As a Program participant, you received a telematics device (the "Device") that collects vehicle-performance and driver behavior information.

The Device provided to you is the property of Octo. Octo and/or its vendors retain all rights, title, and interest in and to the Device and firmware. You may not alter, duplicate, make copies, reverse engineer, disassemble, decompile or create derivative works from the Device or firmware, or otherwise attempt to derive the source code of the firmware. You agree to defend, indemnify, and hold harmless Octo and its third party suppliers from and against any claims, actions, demands, losses, liabilities, damages, costs and expenses suffered by such persons, including without limitation, directly or indirectly, from or in any connection with your: (a) breach of this agreement; or (b) use of the Device and firmware.

You agree to return the Device to Octo within 45 days of completing your participation in the Program, opting out of the Program, or upon request by Octo. After 45 days, you may be contacted by Octo to return the Device. Failure to do so may result in a $100 surcharge.

Data Collected

The Device logs location, vehicle trip and engine data to provide a detailed history of driver behavior and vehicle performance. The Device may collect information that includes, but is not limited to acceleration, deceleration, time, speed, G-forces, distance, fuel, VIN, GPS, odometer, diagnostic codes and throttle position. This data will be collected from your vehicle's On-Board Diagnostics port and sent via wireless transmission to a secure data collection site.

Octo Use of the Data

Octo shall retain all rights to the data collected by the Device. Octo, in its sole discretion, will only use the data in an anonymous and aggregated format. Octo may share your information, which may include, but not limited to, data collected by the Device, and other information associated with your use of the Device, with its affiliates for aggregation and analytical purposes. Octo may also share your information as permitted or required by law pursuant to a subpoena, court order, law enforcement or regulatory inquiry, or some other duly authorized data request. Data from the telematics device may be discoverable by third parties. Octo and/or you may be legally required to provide the data to others who may use it in an accident or claim investigation and/or litigation. You should not expect to retain privacy or confidentiality in this data.

Octo has a privacy policy to protect your personal information. The privacy policy contains a detailed description of your rights and our practices and is available at https://www.octousa.com. Octo will retain information collected from the Device for a particular amount of time, as required by law and in accordance with Octo's document retention policy.

Octo will not sell the data collected to any third parties. Data collected throughout this Program is for demonstrative purposes.

Disclaimers; Limitation of Liability

OCTO EXPRESSLY DISCLAIMS, WAIVES, RELEASES AND RENOUNCES ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.

YOU AGREE THAT OCTOS LIABILITY FOR DAMAGES CAUSED BY THE DEVICE SHALL BE LIMITED TO PROPERTY DAMAGE TO THE VEHICLE IN WHICH IT IS INSTALLED. NOTWITHSTANDING THE FOREGOING, OCTO SHALL NOT BE LIABLE FOR ANY PROPERTY DAMAGE RELATED TO THE INSTALLATION, OR IMPROPER USE OF, OR PHYSICAL CONTACT WITH THE DEVICE.

OCTO SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES INCLUDING DAMAGES FOR BODILY INJURY OR DAMAGE TO OTHER VEHICLES OR PROPERTY ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH THE DEVICE OR ITS USE.

IF THE INSTALLED DEVICE IMPEDES DRIVING FUNCTIONS, YOU AGREE TO UNPLUG THE DEVICE AND CONTACT OCTO.