DriveScore – Standalone Terms and Conditions
OUR RELATIONSHIP WITH YOU
These DriveScore Terms and Conditions (the " Terms"), together with ourand our and (if you are also a ClearScore account holder) set out the rules which cover our relationship with you when you use the DriveScore App. They explain our responsibilities and yours, and how you can use the DriveScore service. These apply to you if you use the DriveScore service and are legally binding so please read them – in fact, you might want to print them out or save them on your device in case you ever want to come back to them in the future.
You should also remember that these aren't a complete list of all your or our rights or responsibilities, as there might be others under general law. If you want more information about your general rights as a consumer, contact a consumer advice organisation, such as the.
WHO WE ARE
We're Clear Score Technology Limited (" ClearScore") and we own and provide the DriveScore service. Where we say "we" "our" or "us" in this document, that's usually who we mean. We might also mean anyone that might take over our business or we transfer our business to in the future. In a few places, we might mean one of our third party service providers or a subcontractor – this should be clear from the context. If you're not sure who we mean, get in touch and we'll explain.
References to "you" and "your" means you, the natural or legal person who uses the DriveScore service. These Terms set out your agreement with us in relation to the use of the DriveScore App, they do not create any relationship or agreement between you and any other person (including our affiliates and third party service providers).
WANT TO CONTACT US?
If you have any questions about or feedback on our Terms or wish to make a complaint about our services, get in touch with us by emailing.
You can leave us a voice message on the following telephone number: 020 3915 8228. If the question or complaint relates to information we have obtained from a third party, we may refer your question or complaint to them if we consider it appropriate.
If you have made a complaint about our services and we have provided a final response which is not to your satisfaction or you have not received a response within eight weeks of making your complaint, you can ask the Financial Ombudsman Service to investigate. The contact details for the Financial Ombudsman Service can be found.
WHAT IS DRIVESCORE?
DriveScore is a service we provide through our DriveScore App (the " App") which provides you with a score which rates your driving behaviour based on data collected via the App (your " DriveScore"). DriveScore helps you to understand your driving behaviours. Your DriveScore will change over time as you undertake more trips and these are recorded by the App.
DriveScore is free of charge to use and, if you choose, you can share your DriveScore and associated driving data with third party insurance providers we work with who may take your DriveScore into account when providing you with a car insurance premium quote.
HOW IT WORKS
Once you have installed the App on your smartphone and provided the App with the necessary permissions to access your location and smartphone usage information, the App will use functionality of your smartphone such as the accelerometer, gyroscope, compass and GPS readings to determine when you are undertaking a trip in a vehicle (a " Trip"). When you are undertaking a Trip, the App will use these tools to take and record measurements relating to driving behaviour, including to calculate speed, acceleration, braking, cornering and distance travelled. It will also use other inputs such as your screen lock status, Bluetooth status and usage of other smartphone apps to understand whether and how you are using the smartphone that the App is installed on during your Trip.
Provided that you have enabled appropriate permissions, the App will automatically identify when you are undertaking a Trip and will identify when it thinks you are the driver (rather than a passenger). You should review the Trips that the App has recorded and reject any Trips where you were not the driver. For the first few Trips you undertake after you install the App, and provided you have enabled the appropriate permissions, you will receive a notification from the App with details of the Trip the App has identified, asking you to reject the Trip if you were not the driver. For subsequent Trips, you will not receive a notification and the App will assume that you were the driver based on Trips you have previously rejected, unless you review and reject the Trip in the App.
Where you confirm you were not the driver, the data relating to the Trip will not be aggregated with the data of your other confirmed Trips and displayed as part of your DriveScore, although we will retain and use this data as part of our fraud prevention measures (see 'Car Insurance Premium Quotes' below for further details).
Once you have undertaken enough Trips and travelled a sufficient distance, these inputs will be used to calculate your DriveScore. Demonstrating lower-risk driving behaviour such as smooth cornering and acceleration will lead to a higher DriveScore, whilst actions such as sudden braking or excessive speeding will lead to a lower DriveScore. These are some of the factors that insurers may consider when providing a quote for car insurance premiums and will allow you to understand how your driving behaviour may impact the cost of your car insurance premium. We may, at our discretion, provide you with tools and insight as to how you can improve your DriveScore.
For further information on how your personal data is used by DriveScore, please see our.
CAR INSURANCE PREMIUM QUOTES
In the DriveScore App, we will ask if you if you would like to receive standard car insurance quotes (a " Quote") or enhanced Quotes taking into account your DriveScore, which may potentially offer better terms. If you tell us you'd like to receive enhanced quotes, we'll share your DriveScore Metrics and other details with our third party insurance providers (" Insurers"). We may share this information either where you request a Quote through the DriveScore App or where the Insurer tells us that you have requested a Quote through other channels (such as the Insurer's website). In any scenario, the DriveScore Metrics are provided as a 'snapshot' at the time of the quote. We do not provide your DriveScore to Insurers on an ongoing basis.
If you have not yet undertaken a sufficient number of Trips, or where we have reason to believe that you will not benefit from sharing your DriveScore with insurers, you will not be presented with the option to share your DriveScore with Insurers until you have taken further Trips and/or your DriveScore has increased.
If you choose to receive an enhanced quote, Insurers will receive the abovementioned 'snapshots' of your DriveScore, showing: (i) your score based on Trips recorded within the two weeks prior to your request for the Quote; and (ii) your score based on Trips recorded within the 365 days prior to your request for the Quote, along with the scores for the each of the risk factors (acceleration, braking, cornering, speeding, phone distraction and night time driving), information about the number of Trips (except where you confirmed you were not the driver) and the distance you travelled used for the purposes of calculating each snapshot. If we do not have two weeks or 365 days of your Trip history available when you request a Quote, we will share a shorter snapshot of your DriveScore based on the information collected to date. As a fraud prevention measure, we also share snapshots of your two-week and 365-day DriveScore with the Insurers which includes all Trips you have undertaken within the relevant period, including when you have indicated that you are not the driver, which the Insurer may take into account when deciding whether to provide you with a Quote. Taken together, these are your "DriveScore Metrics".
We ask that Insurers only use the DriveScore Metrics for:
We ask Insurers not to use your DriveScore Metrics in a way that identifies you for any other purposes, although they may aggregate it on an anonymous basis with other data they hold for analytical purposes (for example, to improve their pricing models).
We do not provide car insurance quotes (or insurance) ourselves and your DriveScore Metrics are only one factor that Insurers will take into account when providing you with a Quote. Each Insurer will weight and assess your DriveScore Metrics differently, and a good DriveScore will not necessarily guarantee that any Insurer will offer a lower priced Quote.
We earn a commission from the Insurer if you purchase a car insurance policy and the Insurer has received your DriveScore Metrics, and may receive a fee where we provide your DriveScore Metrics to an Insurer if you request a Quote through other channels (such as the Insurer's website) but this will not affect your DriveScore in any way nor will it affect the amount of the premium for your policy. We never rank available products based on the amount of commission we receive.
As part of the DriveScore Service, we will also use information collected through your use of the App to provide you with information and offers from third party providers (" Product Providers") who offer a relevant product or service which may be of interest to you based on the data we have collected through the DriveScore App. For example, once the DriveScore App identifies that you have travelled a certain number of miles, we may suggest that the tyres on your vehicle are checked and introduce you to local mechanics or other similar service providers who will be able to provide you with an offer. We will only share limited information with Product Providers so that they can offer services relevant to you, and the information that the Product Provider requires will change depending on the nature of their offering (for example, for a tyre check service, we may share the number of miles driven while using the DriveScore App and your address, so you receive offers within a reasonable distance).
As with insurance, we may receive a fee from the Product Providers if you choose to use their product or service, but this will not affect your DriveScore in any way. We never rank available products based on the amount of commission we receive.
You understand and confirm that:
you are over 17 and that you hold a full (rather than a provisional) driving licence which is valid in the United Kingdom and appropriate for the category of vehicle you are using with the App.
you are a real, live person using DriveScore for your personal use (you can't use our services for commercial or business use) and on your own behalf (you also can't (or try to) access our services for someone else - you'd have to ask them to sign up on their own behalf).
you will not interact with the App whilst you are driving a vehicle, and you must enable permissions as requested by the App (such as your location) in order for the App to operate correctly.
as the App automatically detects when you are travelling and records whether you are the driver or are a passenger, it is your responsibility to review the Trip in the App, after that Trip has been completed, and re-classify the trip if you weren't the driver. If you fail to do so, your DriveScore may be affected by Trips where you were not the driver.
you will report Trips where you were the driver accurately and honestly – if you attempt to manipulate your DriveScore (for example, by recording yourself as the driver of a Trip when you were a passenger or vice versa) or otherwise use the App fraudulently or dishonestly, we may immediately and without notice end your use of the App and will not provide your DriveScore to Insurers. We may also notify Insurers or other Product Providers if we identify historic fraudulent or dishonest use of the App.
your DriveScore Metrics are only one factor that Insurers and Product Providers will take into account when providing a Quote or an offer for their services and that it is your responsibility to provide all information requested by the Insurer or Product Provider from you honestly and accurately. If you do not provide accurate information this could lead to your selected product being invalid and claims may not be paid. You agree that we cannot be held responsible if your selected product becomes invalid, voided or is cancelled as a result of you providing incorrect information, to us or your selected provider.
although we will not ask you if you want to share your DriveScore Metrics with Insurers to inform Quotes unless we believe you will benefit from doing so, you agree that we cannot guarantee and will not be responsible if your DriveScore Metrics do not reduce the price for car insurance premiums that you receive, or if providing your DriveScore Metrics to an Insurer results in an increase in the price of the Quote you received.
you must obtain permission from any other people whose details you propose to use in requesting a Quote (for example, another named driver on your car insurance policy). If you submit another person's details, you are confirming to us that you have their permission to do so, and that they understand how their information will be used.
you agree to keep confidential the password and any other login details you use to access the DriveScore service and not to disclose such passwords and other login details to anyone else. If you know or suspect that someone else has your login details and password you must contact us immediately and change your password. We will not be responsible for any activity performed using your login details unless we have acted negligently or in breach of these Terms. We highly recommend using our Two Factor Authentication feature to ensure that your account stays secure.
SELECTING AN INSURANCE PROCUCT
Insurers change their prices and amend their rates on a regular basis. Any Quote provided to you through the App will be accurate at the time of issue, and may change if your Quote is resubmitted.
Insurers will use their own criteria in making decisions about you, including whether to provide you with a Quote and determining the price of the premium.
Any decisions you make on the basis of your DriveScore or any other information we provide or make available to you, are purely your own choice.
Please ensure that you have fully read and understand any relevant information, such as the Insurer's terms and conditions and privacy notice, which provide full details of the risks involved with any decision you make, and ensure that you are aware of any levels of cover, financial limits and any other terms that apply. If any information is not correct, it is your responsibility to identify the mistake and correct this with the Insurer directly. You may wish to consider obtaining professional or specialist advice before taking, or refraining from taking, any action on the basis of the DriveScore service or any other information we provide or make available to you.
ENDING YOUR USE OF DRIVESCORE
If you no longer wish to receive our services you can close and delete your account by visiting the 'My Account' section and clicking on 'Delete Account'. Please note that once deleted, your account cannot be recovered and you will not be able to access your DriveScore or other information we hold about you.
Unless you close and delete your account, we will continue to provide you with the DriveScore service and will continue to hold your account for you.
We can refuse to provide you with access to the App, terminate your use of the DriveScore service and delete your account, at any time and at our sole discretion. Examples of when we might do this include if:
OUR ACCEPTABLE USE POLICY
When you're using the DriveScore service (including the App) you must not do any of the following things. If you do or if we have reason to believe you either have done or will do, we may refuse to provide services to you temporarily or permanently or we may take other action against you (including legal action).
Some of these things are unlawful. Where this is the case (or we believe it may be the case) we may disclose your identity, your activities and other information we hold about you to law enforcement agencies.
The email address you provide to us for the purpose of our communications with you must be personal to you and relate to an email account you control.
You must not, and you must not allow another person to, use the App (including any content or materials on them) or the DriveScore service:
in any way that doesn't comply with any applicable local, national or international law or regulation
to allow Trips being recorded through your DriveScore account which were not driven by you
in any way that is deceiving or fraudulent, or has any fraudulent purpose or effect
to access or interfere with another person's account or information, impersonate another person, or create or use a false identity or email address
for your own or another person's business purposes
to harm or attempt to harm any other person in any way
to make any unsolicited or unauthorised communications, including of advertising or promotional material ("spam")
to obtain or attempt to obtain unauthorised access to or interfere with, damage or disrupt any part of the App, any computer systems, equipment, software or networks on or through which the App is stored or operated
to modify, adapt, decipher, decompile, disassemble or reverse engineer any of the software comprised in or in any way making up a part of the App or the DriveScore service
to scrape, reproduce, duplicate, copy, modify, distribute, publish, resell or transmit any element comprised in the App, including any software comprised in it, the content or the services provided through it
to use any technology or processes of any kind to access, acquire, copy, monitor, navigate or search the App or any portion of it (including the use of data mining, robots or similar data gathering and extraction tools)
in any way that is not authorised by us or is detrimental to us or our third party service providers.
You must not, and you must not allow another person to:
knowingly transmit any data, send or upload any material that is corrupt or contains viruses, Trojan horses, worms, logic-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware or perform any act that would cause the App to become unavailable for use by others (including via any form of denial-of-service attack)
access without authority, interfere with, damage or disrupt any part of the App, any software, the server or other equipment or network used in the provision of the App (including where owned or used by any third party).
We may monitor your use of our services and monitor your activity for security purposes.
You must fully cooperate with us where any law enforcement authorities, regulators or court order requests or directs us to disclose the identity or locate anyone posting any material or using our website or our services in breach of our Acceptable Use Policy.
MAKING CHANGES TO OUR TERMS OR SERVICES
We may change these Terms, the App and the DriveScore services at any time. We will notify you of any changes to our Terms by sending you an email notification, by posting a notice on the App, or in any other manner we deem appropriate. Your continued use of the App will confirm your acceptance of the revised terms.
For changes that do not affect your rights or obligations under this agreement and that constitute a mere update of information, we may choose to not notify you directly. Please check this page from time to time to take notice of any updates made to the information here.
ACCURACY AND NON-RELIANCE ON INFORMATION
Any information provided to you as part of our services is only as accurate, complete and up to date as the information supplied to us by you or the third party we use to obtain this information. We don't check the information we receive from you or third parties for accuracy, currency or completeness.
We don't assume responsibility for the timeliness, accuracy of data or the DriveScore, fitness for a specific purpose, deletion, non-delivery or failure to receive or store any user information, communications or personalisation settings.
We may change the content or functionality of the App (or any other method which allows access to the DriveScore Services) at any time. Their content may be out of date at any given time, and we are under no obligation to update it.
We cannot guarantee that the App or any content on it or otherwise provided as part of the DriveScore services, will always be available, uninterrupted or error free.
LIMITATION OF OUR LIABILITY
Please read the provisions of this section carefully, as they exclude or limit our liability for any losses suffered by you in connection with your use of the DriveScore service.
Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, any duties or liabilities that we owe to you under the Financial Services and Markets Act 2000 or the rules of the Financial Conduct Authority, nor any other liability that cannot be excluded or limited under applicable law.
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the App, any content on it or services accessed through them, whether express or implied.
We will not be liable to you or any third party for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
We shall only be responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or if they were contemplated by you and us at the time you accepted these Terms.
We are not responsible for any products or services provided by Insurers, Product Providers or any other third parties. Those products are governed by separate terms and conditions of supply. You agree that we are not responsible or liable for any loss or damage you may suffer or incur in connection with any such product or services, or the terms and conditions applying to any contract you enter into with any third party in relation to any product or services, or for any acts, omissions, errors or defaults of any third party in connection with any product or services or the applicable terms and conditions.
Where we have indicated your likelihood of success with respect to products matched to your profile, or where we have provided indications of how much money you may save, these are provided for information purposes only and should not be relied upon when making decisions. We do not accept any liability or provide any guarantee with respect to your eligibility for or success in obtaining products matched to you or advertised through the DriveScore service.
Although we take all reasonable steps to protect our systems using virus checking software, please note that any content downloaded from the App is at your own risk. We do not accept liability for any loss or damage that you suffer as a result of any distributed denial-of-service attacks, computer viruses, Trojan horses, worms, software bombs or other damaging items resulting from your use of our website or apps. You are responsible for protecting your computer systems and other devices from exposure to viruses by the use of anti-virus software, firewalls and any other technical measures necessary. If you download the App or other digital content provided by us and you suffer damage to your device or other digital content you own because we have not exercised reasonable care and skill in creating such digital content, you may be entitled to compensation or repair at our expense pursuant to your statutory rights.
We do not charge you a separate fee for access to and use of the DriveScore service. On this basis our total aggregate liability for any losses and/or damage suffered by you will be limited to £100.
INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in the App, in the material published on the App and in its component systems are owned by, licensed or sub-licensed to us. All content on the App is subject to copyright with all rights reserved.
Images, trade marks and brands are protected by intellectual property laws and may not be reproduced or appropriated in any manner without permission of their respective owners.
You must not remove any acknowledgement that we or any of our contributors is the author of any content of the App or any other content we provide to you as part of the DriveScore service.
You may download or print or screen grab content or individual sections or pages of the DriveScore App for your personal use and information only, provided that any such copy has attached to it the relevant proprietary notices and/or disclaimers. Any material downloaded or otherwise obtained through the App is done at your own discretion and risk and you are solely responsible for any damage to your computer system or device or loss of data that results from the download of any such material.
You must not modify, adapt, copy, download or post material from the App nor store any part of the App in any other website or app or include it in any public or private electronic retrieval system.
The headings used in these Terms are for convenience only and shall not affect their interpretation.
In these Terms, unless specified otherwise, use of the singular includes the plural, use of any gender is deemed to include every gender and any reference to a person includes a corporation, a partnership and any other body or entity, and vice versa.
Use of the words, includes or including or similar words or phrases means without limitation and the use of these or similar words or phrases shall not limit the meaning of the general words.
We shall not be liable for any delay or failure to provide our services or perform any obligation under these Terms if the delay or failure is caused by circumstances beyond our reasonable control.
Nothing in these Terms is intended to confer on any person any right to enforce any term of these Terms which that person would not have had but for the Contracts (Rights of Third Parties) Act 1999.
Each of the provisions of these Terms (or part of any provision) is severable. If any such provision is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction that shall not affect the legality, validity or enforceability of the other provisions of these Terms. The provision itself shall apply with the minimum modification necessary to make it legal, valid and enforceable.
Failure or delay by us in enforcing these Terms shall not be a waiver of that or any other provision of these Terms.
You may not assign any of your rights or obligations under these Terms.
These Terms, together with ourand our and (if you are also a ClearScore account holder) constitute the whole agreement and understanding between you and us in relation to the use of our DriveScore services. Other terms and conditions will be applicable if you use any of our other services.
Except in case of fraud, all previous agreements, understandings, undertakings, representations, warranties, promises and arrangements between you and us relating to the subject matter of these Terms or your use of our website or our services are superseded, except as otherwise expressly stated in these Terms.
You agree that any notices and other communication may be given by us by email or provided via the App and this will comply with any legal requirement for such communications to be in writing. You also agree that any notice or other communication made in such manner will be deemed received by you 24 hours after email or posting.
DISPUTES AND APPLICABLE LAW
These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law and shall be subject to the exclusive jurisdiction of the English courts.