SOMPO DRIVE TERMS OF USE

THE FOLLOWING TERMS OF USE APPLY TO ALL USERS OF THIS MOBILE APPLICATION. BY DOWNLOADING OR USING THIS MOBILE APPLICATION, YOU AGREE TO ABIDE BY ITS TERMS

This mobile application, Sompo Drive ("Application") and the services presented in the Application ("Services") are provided by Sompo Insurance Singapore Pte Ltd ("Sompo") to you ("User") strictly for your personal, non-commercial use.

These Terms of Use ("Terms") forms a legally binding agreement between you the User, and Sompo ("Agreement"), and contains the terms which govern your use of the Application.

Please note that you must read and agree to these Terms, as well as the Privacy Policy (accessible from the Application) before you may use the Application or the Services. If you do not agree to these Terms and/or the Privacy Policy, you may not use the Application.

1.1 By using the Application or the Services or by registering a user account with Sompo to use the Application ("User Account"), you represent and warrant to Sompo that: -

(a) you agree to be bound by these Terms and the Privacy Policy;

(b) you are at least 21 years old, or that you have received your parent's or guardian's consent to enter into this Agreement;

(c) any information that you submit to Sompo is true, accurate, and complete;

(d) you will maintain the security of your password and login credentials;

(e) you are a qualified and licensed driver permitted to drive your vehicle under the laws of your jurisdiction; and

(f) you are fully able and competent to enter into and comply with this Agreement.

2.1 The User accepts that the Application aims to help the User improve his driving habits, through an analysis of his/her trajectory, accelerations, decelerations, braking, cornering and speed. Such analysis computes a score at the end of each trip for each criteria, depending on his performance compared to a reference pool of drivers.

2.2 The User agrees that:

(a) Any information, data or scores from the Application or Services may not be used by the User as evidence in any civil or criminal legal proceedings or other dispute resolution proceedings or forum, and are not meant for that purpose;

(b) Sompo may offer financial or other rewards or incentives to the User if his/her Application scores meet Sompo's criteria for good driving behaviour. Any such rewards or incentives are offered at Sompo's sole discretion, are not guaranteed, and may be withdrawn or denied at any time, and Sompo's decisions are final and may not be challenged.

(c) All scores awarded by the Application and all calculations of scores are final and may not be challenged.

(d) Sompo reserves the right, at any time, and without prior notice, to remove and/or disable access to the Application, any Sompo Materials (as defined below), any User Content (as defined below) and/or your User Account.

(e) Use of the Application will incur telecommunications and data charges with your service provider. For the avoidance of doubt, you are responsible for your own telecommunications and data charges when using the Application.

(f) The rate of battery power consumed by the Application will vary with the type of device used, and whether it is used with map functionality.

3.1 Subject to your compliance with the Terms and the Privacy Policy, Sompo hereby grants you a revocable, non-exclusive, non-transferable, and non-sublicensable licence to download, access, and use the Application or any part thereof, solely for your personal and non-commercial purposes.

3.2 You may not:

(a) use, copy, adapt, modify, prepare derivative works based upon, distribute, licence, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit the Application or any part thereof, except only as expressly permitted by these Terms;

(b) use the Application, Services, Sompo Materials (as defined below) and/or any Intellectual Property (as defined below) owned by Sompo for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;

(c) use, display, mirror, frame or copy the Application, Services, Sompo Materials, and/or any individual element or materials therein, including Sompo's name, any Sompo or other entity's trade mark, logo, proprietary information, other Intellectual Property, the content of any text, and/or the layout and design of any page or form contained on a page, without Sompo's express prior written consent;

(d) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Application, Services, Sompo Materials, and/or Intellectual Property owned by Sompo;

(e) avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Sompo or any of Sompo's contractors or any other third party (including another user) to protect the Application, Services, Sompo Materials and/or Intellectual Property owned by Sompo;

(f) interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, hacking, transmitting any virus, overloading, flooding, spamming, or mail-bombing the Application and/or Services;

(g) create a User Account for anyone other than yourself;

(h) use cheats, exploits, hacks, bots, mods or third party software designed to gain an advantage, perceived or actual, over other users, or modify or interfere with the Application, Service, and/or Sompo Materials; and/or

(i) violate any applicable law or regulation.

3.3 No licences or rights are granted to you by implication or otherwise, except for the licences and rights expressly granted under the Terms.

3.4 Any third party components included in the Application are licensed to you either pursuant to the Terms, or under the relevant third party component licence terms, as applicable. Details of which can be found here

For iOS users: https://sea.api.inzura.com/v1/licenses/thirdparty/ios/

For Android users: https://sea.api.inzura.com/v1/licenses/thirdparty/android/

4.1 By making available any text, data, information, graphics, images, photos, software, music, video or audio-visual content, hypertext links, and any other content uploaded, transmitted, or submitted on or through our Application and/or Services ("User Content"), you hereby grant Sompo a worldwide, non-exclusive, transferable, sublicensable, and royalty-free licence to use, modify, publicly perform, publicly display, reproduce, and/or distribute any User Content in any and all media now known or hereinafter developed without the requirement to make any payment to you or to any third party, or the need to seek any third party permission.

4.2 You acknowledge and agree that you are solely responsible for all User Content that you make available on or through the Application and/or Services. Accordingly, you represent and warrant that:-

(a) you either are the sole and exclusive owner of all User Content that you make available on or through our Application and/or Services, or you have all rights, licences, consents, and releases that are necessary to grant to Sompo the rights and licences in such User Content as contemplated under these Terms;

(b) you agree, represent and warrant that any information you post to or transmit through the Application is truthful, accurate, complete, not misleading and offered in good faith, and that you have the right to post or transmit such information; and

(c) the User Content, your posting, uploading, publication, submission, or transmission of the User Content (or any portion thereof) on, or via the Application and/or Services do not contain any illegal, infringing, objectionable or offensive text, images, photographs, content, or material.

4.3 You agree that, while Sompo has no obligation to monitor or record your access to or use of the Application and/or Services, or to monitor, record, moderate or edit any User Content, Sompo nonetheless has the right to do so for the purpose of operating and monitoring the Application and/or Services, ensuring compliance with these Terms and with applicable laws or the requirements of a court, administrative or law enforcement agency, or other governmental body.

4.4 You agree that Sompo cannot be held responsible for any illegal, infringing, objectionable or offensive text, images, photographs, content, or material uploaded by other users.

5.1 All content included in the Application, including all information, text, data, images, graphics, photos, links, maps, materials, data, software, music, audio-visual content, trade marks, service marks, logos, trade names, and any other proprietary designations or materials used in association with the Application, with the exception of User Content, and the compilation, collection, arrangement and assembly of all data, information and content on this Application, (collectively "Sompo Materials"), and the Application, are the property of Sompo, its licensors and/or its affiliates, (each an "Owner") and are protected from unauthorised use, copying or dissemination by copyright law, trade mark law, designs law, patent law, international conventions, and other intellectual property laws. No part or whole of any Sompo Materials or the Application may be copied, reproduced, republished, modified, adapted, uploaded, posted, transmitted, or distributed in any way without the prior written permission of the Owner.

6.1 You agree and consent that Sompo may collect, process and disclose any personal data you submit to Sompo via the Application in accordance with our Privacy Policy (which can be found in the Application) and the applicable laws of Singapore. Such personal data may include without limitation your identity, contact, vehicle, insurance policy, driving, and other information as listed in the Privacy Policy. In addition, Sompo, its partners and/or licensors will collect, use, transmit, communicate, process, reproduce, adapt, store and maintain your telematic, motion and location data, including without limitation the real-time motion, acceleration, deceleration, braking, speed, and geographic location of your device in accordance with the terms of the Privacy Policy.

6.2 Unless otherwise provided, all data requested in the Application are required in order for you to use the Application and the Services.

7.1 Sompo reserves the right to make changes to the Terms, the Privacy Policy, and the Services at any time, in its sole discretion, with notice to you.

8.1 These Terms will apply to bind you when you download the Application or when you register to use the Application, whichever occurs earlier, and will remain effective until this Agreement is terminated.

8.2 Notwithstanding any other Term to the contrary, Sompo reserves the right, without notice or cause and in its sole discretion, and/or to terminate this Agreement.

8.3 In the event of unauthorised, or suspected unauthorised use of the Application and/or the Services, whether in contravention of this Agreement or otherwise, Sompo reserves the right to suspend and/or terminate your access to and use of the Application, the Services and/or your User Account at any time, and/or terminate this Agreement.

8.4 Any suspension, termination or other action by Sompo set out in these Terms will not limit any other remedies Sompo may have against you at law or equity.

9.1 Upon termination of this Agreement, the Services or your User Account, for any reason, you will lose all access to your User Account, and to any content, materials or information (including User Content) that you have submitted to or through our Application and/or Services. Subject to the applicable laws of Singapore, Sompo will have no obligation to maintain any information stored in its database related to your User Account, or to forward any information to you or any third party.

9.2 Upon termination of this Agreement, the Services or your User Account, Sompo will have no further obligation to provide the Services, and all licences and other rights granted to you under these Terms will immediately cease. Sompo will not be liable to you or to any third party for such termination and cessation.

9.3 Any suspension, termination or cancellation of this Agreement, the Services or your User Account will not affect any of your obligations to Sompo under these Terms which by their meaning and context are intended to survive such suspension, termination or cancellation.

10.1 You agree that your use of the Application and/or the Services, including, without limitation, your use of any Sompo Materials or Intellectual Property owned by Sompo, is at your sole risk.

10.2 The Application, Services and all Sompo Materials are provided on an "as is" and "as available" basis.

10.3 Sompo, its affiliates, licensors, and suppliers, and their respective members, directors, officers, agents, and employees (collectively, the "Providers") expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, title, and non-infringement.

10.4 Neither Sompo nor any other Providers warrant uninterrupted use, operation, or availability of the Application, Services and/or any Sompo Materials, or that any submission or transaction request you attempt using the Application or Services will be successful, uncorrupted, or completed within a reasonable amount of time. You will be solely responsible for any delay or loss of any kind that results from your access to, or use of, the Services, the Application and/or the Sompo Materials.

10.5 Sompo does not warrant, endorse, guarantee or assume responsibility for any third party applications, third party application content, or any other product or service produced by a third party and which may be provided as a reward to you. Consequently, Sompo will not be responsible for any transaction between you and third party providers of third party applications, products, and/or services, or for any acts or omissions of such third parties.

10.6 No advice or information, whether oral or written, obtained by you from Sompo or any other provider through or from the Services, will create any warranty regarding the Services that is not expressly stated in this agreement.

10.7 You acknowledge and agree that:

(a) you should only operate the Application, access and make inputs in the Application, and view the Application displays, when you are not driving your vehicle and your vehicle is completely stationary and legally and safely parked;

(b) it is dangerous and illegal to operate the Application while you are driving a vehicle, and that Sompo does not condone or encourage such operation while driving a vehicle;

(c) Sompo will not be responsible or liable for any personal injury, death, damage, loss, expense, cost or liability arising from your use of the Application.

11.1 To the extent permitted under applicable law, under no circumstances, including but not limited to negligence, shall either Sompo or any other provider in relation to the Application be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including, without limitation, damages for loss of profits, goodwill, use, data, or other intangible losses (even if Sompo or any other providers have been advised of the possibility of these damages), resulting from your access to or use of, or your inability to access or use, the Application, Services or any Sompo Materials, nor shall Sompo be responsible for any damages whatsoever that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance whether or not caused by events beyond Sompo's reasonable control, including but not limited to acts of God, communications failure, global positioning failure, theft, destruction, or unauthorised access to Sompo's records, programs, or services.

11.2 In the event that Sompo is liable for damages despite the foregoing provision, you agree that Sompo's aggregate liability to you for any and all causes of action in relation to the Application, Services or any Sompo Materials, and this Agreement, shall not exceed the total amount of fees and charges paid by you to Sompo for the Services from which such liability arose.

12.1 By using our Application and/or Services, you agree to indemnify, hold harmless, and defend Sompo, its affiliates, officers, directors, employees and agents, from and against any and all claims, costs, losses, damages, liabilities, judgements, penalties, interest and expenses (including legal costs on an indemnity basis) arising directly or indirectly out of any claim, action, audit, investigation, inquiry or other proceeding instituted by a person or entity that arises out of or relates to:

(a) any actual or alleged breach of your representations, warranties, or obligations set forth in these Terms;

(b) your use of the Application, Services, Sompo Materials and/or User Content;

(c) any violation of any third party right, including without limitation any Intellectual Property or data protection right;

(d) your failure to comply with any applicable laws and regulations in connection with your use of the Application, Services, Sompo Materials and/or User Content;

(e) any claim that your User Content or your use of the Application caused damage, injury or death to a third party; and/or

(f) your operation of the Application while driving a vehicle.

12.2 The above indemnification obligation will survive the expiry or termination of this Agreement, and your use of the Application and/or Services.

13.1 Sompo will use reasonable efforts to keep the Application and Services operational. However, certain technical difficulties and/or maintenance may, from time to time, result in temporary interruptions or downtime.

13.2 Sompo reserves the right, at any time, and from time to time, to modify or discontinue, temporarily or permanently, functions and features of the Application and/or Services with or without notice.

14.1 Access to and use of any Services and the Application may be subject to restrictions for certain persons or in certain jurisdictions.

14.2 The User shall be solely responsible for obtaining legal advice regarding the legality of his/her use of the Services and the Application in any applicable jurisdiction, and shall not use the Services or Application in breach of any applicable law or regulation.

15.1 These Terms and the Privacy Policy constitute the entire agreement between you and Sompo, and supersedes any prior agreements in relation to the Application, and/or the Services, whether written or oral. Any additional or different terms or conditions in relation to the subject matter of these Terms in any written or oral communication from you to Sompo are void. You agree and accept that you have not accepted the Terms in reliance of or to any oral or written representations made by Sompo which are not contained in these Terms. For the avoidance of doubt, these Terms and the Privacy Policy do not amend or supersede any existing policy contract you may have with Sompo or any of its related entities.

15.2 For the avoidance of doubt, nothing in these Terms, the Privacy Policy, the Application or the Services, shall be construed as varying the terms of any insurance or indemnity policy contract between the User and Sompo or its related corporation.

16.1 If any provision of this Agreement is illegal, void or unenforceable under any law that is applicable hereto, this Agreement shall continue in force save that such provision shall be deemed to be excised herefrom with effect from the date of such agreement or decision or such earlier date as the parties may agree.

16.2 No waiver of any rights under this Agreement by a party shall be effective unless made in writing and signed by such party. A failure by a party to exercise or enforce any rights conferred upon it by this Agreement shall not be deemed to be a waiver or variation of any such rights or operate so as to bar the exercise or enforcement thereof at any subsequent time or times.

17.1 This Agreement shall be governed by and construed in accordance with Singapore law.

17.2 The parties hereby submit to the non-exclusive jurisdiction of the Singapore courts.

18.1 A person or entity who is not a party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce any of these Terms, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description.