DriveSavely^℠ Program Terms & Conditions for Massachusetts Policyholders

Effective on November 1, 2025

Binding Agreement

Introduction

You have elected to participate in DriveSavely, a telematics program (hereinafter, the “DriveSavely Program”) offered by Plymouth Rock Assurance or Plymouth Rock (as defined at the end of this Agreement) (collectively, “Plymouth Rock”). Your enrollment and continued participation in the DriveSavely Program is expressly conditioned on your acceptance of the terms and conditions contained herein (the “Agreement”). By participating in the DriveSavely Program, you expressly consent to the terms of the Agreement. By entering into the Agreement, you are waiving or limiting certain legal rights as detailed herein, including, in the event of any dispute, your right to pursue claims in court. By downloading the Plymouth Rock Assurance mobile application (the “App”) on your smartphone and activating the DriveSavely functionality in the App, you consent and agree to these Terms and Conditions. This includes, without limitation, your consent to the collection and disclosure to Plymouth Rock and Plymouth Rock’s third-party telematics vendor, Cambridge Mobile Telematics, Inc. (“CMT”), of your personal information, including “Collected Data,” as defined below, and the retainer and use of the Collected Data by them in the manner and for the purposes described herein. Each of the foregoing companies is a separate company that is financially responsible only for its own products, services, acts and omissions. This Agreement can be viewed at any time on the App. This Agreement does not change the Usage Rules set forth in the Apple App Store Terms and Conditions or in the Google Play Terms of Service, whichever apply.

The DriveSavely Program incorporates driving behavior and its relationship to risk characteristics. When the App is downloaded and DriveSavely functionality is activated, the App will collect and record certain data (the “Collected Data”) related to your driving such as trip time, speed, acceleration intensity, hard braking, hard cornering, distance travelled, phone motion while driving, location, or other driving information. The Collected Data may also include information regarding your smartphone, such as its hardware model and version, screen and lock states, language, time zone, battery status, connectivity to Bluetooth, charging status, whether a phone call is taking place, and other “heartbeat” characteristics like whether or not location sources and permissions are active for the App. The location services (GPS) should be on at all times to provide for accurate data collection. By participating in the DriveSavely Program, you consent to the collection and transmission of the data. You also acknowledge and agree that your personal data may be collected, used and disclosed as detailed herein.

Provided that you comply with this Agreement, Plymouth Rock and CMT grant you a revocable, limited, non-exclusive and non-transferrable license to use and/or access the DriveSavely functionality of the App and any related content contained in or provided in connection with the DriveSavely functionality of the App (the “Content”) for the purposes of the DriveSavely Program.  The DriveSavely functionality of the App and the Content collectively are referred to in this Agreement as the “Service.” The Service may be used and/or accessed on any smartphone that you own or control and as permitted by Usage Rules set forth in the Apple App Store Terms and Conditions or the Google Play Terms of Service, whichever is applicable. Transferring of the collection of information to a different smartphone is permitted by following the procedure when downloading and activating the App.

Plymouth Rock reserves the right to modify this Agreement at any time. Modifications to the Agreement can be reviewed by accessing the Plymouth Rock application or visiting http://plymouthrock.com/drivesavely/agreement. Your continued participation in the DriveSavely Program constitutes your acceptance of any revisions to the Agreement.

A. The DriveSavely Program

The DriveSavely Program uses the DriveSavely functionality of the App that allows for long-distance transmission of driving behavior. It is used for the collection and processing of vehicle usage and phone usage data for insurance purposes. Plymouth Rock will analyze, benchmark and conduct research using data collected through the DriveSavely functionality of the App. By participating in the DriveSavely Program, you confirm that you have a smartphone (iPhone or Android) which is compatible with the App and have and will maintain a data plan at all times. The data plan is needed for accuracy of data collection. If your smartphone is not compatible, the App will not be available for you to download. Data collection will be terminated if DriveSavely is deactivated within the App, which will prevent further information from being collected and submitted to Plymouth Rock and CMT. Plymouth Rock reserves the right to modify or terminate the DriveSavely Program at any time and for any reason. CMT will collect your data through the App and transmit it to Plymouth Rock for the purposes described in this Agreement. CMT may also use your data, but only on an anonymous and/or aggregate basis, for its own research purposes and to provide the application and related services to third parties.

Your enrollment in the DriveSavely Program has triggered an SMS (text) message to be sent to you. After downloading and opening the App with DriveSavely functionality activated, you are required to accept the terms of this Agreement. If you do not accept the terms of this Agreement, you will be unable to use the application and your participation in the DriveSavely Program will cease.

The DriveSavely functionality within the App, once activated, should not be deactivated and the App should not be deleted or turned off, so that the DriveSavely functionality can automatically be activated within the App each time you start a trip. The location services (GPS) should be on at all times to allow accurate data collection.

The Collected Data will be used to calculate driving scores based on each participating rated driver’s (“driver”) driving behavior and to provide the driver with feedback on their driving performance. The driver’s scores are derived from the App’s measurements of their driving which may include the components below and is used to determine behavior-based factor(s) that will apply to your premium. 

• The acceleration and hard braking components measure the level of anticipation of the traffic flows.
  • The amount of acceleration, speed of the vehicle at the time of the acceleration and duration of acceleration are factors that impact the acceleration score.
  • The amount of deceleration, speed of the vehicle at the time of the deceleration and duration of the deceleration are factors that impact the hard braking score.
• The phone use component measures distractions based on the extent of the driver’s interactions with the phone while driving. Hands-free use will not affect this score. Frequent phone use could lead to a lower mobile use score.
• The speed component measures the relative risk based on speeds of the driver’s Driving at speeds that are generally considered safe will improve this score, while driving at excessive speeds could lead to a lower speed score.
• The time of day component measures the relative risk posed by driving on the road at various times of day. Late night trips are riskier and could lead to a lower time of day score.

The App uses power from the smartphone battery. Make sure the smartphone is charged and turned on when driving to record data. The App may require periodic updates and you agree that updating the App from time to time is your responsibility.

You will have the choice, managed from within the App, to send the Collected Data to Plymouth Rock and CMT only through Wi-Fi networks or through cellular networks. You will be responsible for any data charges and expenses associated with the use of the App. The App is designed to minimize data usage. The App “sleeps” in the background until it identifies driving-like behavior. When it sees movement that looks like driving, the App begins recording more precisely. The App uses data based on the number of active driving hours and Wi-Fi usage. For the average driver who never connects to Wi-Fi, the App is expected to use around 2MB per day. Once the DriveSavely functionality in the App is activated, the App must be running at all times as the App will detect and record when you start a trip.

The App will identify all trips as “driving” trips (i.e., where the App determines that you were operating a vehicle) or “non-driving” trips (i.e. where the App determines that you were not operating a vehicle). The App collects and transmits Collected Data regardless of the vehicle that you are operating or traveling. In particular, the Collected Data applies to any vehicle operated by you. You will be able to manually exclude trips where you were not driving. Trips identified as “non-driving” do not count towards the minimum driving criteria listed below.

A DriveSavely Program participation discount will apply to each driver for the first policy term that the driver is enrolled in the DriveSavely Program. Each driver who enrolls in the DriveSavely Program prior to their new business effective date will receive a DriveSavely Program participation discount upon the start of the new business policy term. Each driver who enrolls after the new business effective date will receive a DriveSavely Program participation discount by downloading, registering, activating the DriveSavely functionality, accepting the terms of this Agreement and logging trips using the App. The discount will be applied retroactively to the enrollment date.

YOU MUST DOWNLOAD AND REGISTER THE APP WITH DRIVESAVELY FUNCTIONALITY ACTIVATED, ACCEPT THE TERMS OF THIS AGREEMENT AND LOG AT LEAST TEN (10) TRIPS AND 100 MILES WITHIN THIRTY (30) DAYS OF YOUR NEW BUSINESS EFFECTIVE DATE. Drivers who do not complete these requirements within the timeframes above will receive a premium increase.

1. Evaluation Period

The evaluation period starts at the time of registration with the App where DriveSavely functionality is activated and ends 45 days before the first renewal date after enrolling in the DriveSavely Program.

Minimum Driving Criteria: EACH DRIVER MUST RECORD AT LEAST 30 TRIPS AND 300 MILES USING THE APP DURING THE EVALUATION PERIOD TO STAY IN THE DRIVESAVELY PROGRAM AND HAVE BEHAVIOR-BASED FACTORS APPLIED TO THEIR PREMIUM.

At the renewal of your policy following completion of your evaluation period, each driver’s participation discount will be replaced with the driver’s behavior-based factors based on driving performance during the evaluation period in determining your premium. Drivers who do not meet the minimum driving criteria above will not be entitled to rating based on their driving performance and may be subject to a premium increase at renewal.

B. DriveSavely Privacy Statement

Plymouth Rock is committed to safeguarding your nonpublic personal information. This section describes how Plymouth Rock collects and uses information you provide or that we obtain via the App. It also describes the choices available to you regarding Plymouth Rock’s use of personal information and the steps you can take to access this information and to request that we correct or update it.

Plymouth Rock limits access to your nonpublic personal information to those persons who need it to perform their jobs and to provide services to you, and as may be required by law. We maintain physical, electronic and procedural safeguards to protect such information from unauthorized use or disclosure. However, given the nature of the technology used in the DriveSavely Program, there is risk of interception. The DriveSavely Program uses “telematics” (the long-distance transmission of driving behavior) to obtain information. “Perfect security” does not exist as there is always some risk in transmitting information electronically. As appropriate, we use security measures such as firewalls and encryption technology to protect your information. However, since no security system is absolutely impenetrable, we cannot guarantee the security of our databases or those of third-party providers nor can we guarantee that information you supply won’t be intercepted while being transmitted.

By submitting personal information through the App, you expressly recognize the foregoing risks and consent to the collection and processing of your personal information (including location data) in accordance with the Agreement.

1. Personal Information

As described in the Introduction, the App collects Collected Data. You may terminate data collection at any time by deactivating DriveSavely within the App or deleting the App.

If you provide us feedback or contact us via email, we collect your name and email address as well as any other content included in the email.

Plymouth Rock may retain and use the Collected Data for its business purposes, including:

• Providing you with DriveSavely functionality within the App
• Calculating trip scores and driver level scores
• Analyzing, benchmarking and conducting research on driving behavior
• Sending you administrative notifications, such as security or support advisories
• Verifying information on insurance policy applications and claim submissions/ investigations
• Responding to your questions and concerns
• Improving the App

CMT may receive the Collected Data on behalf of Plymouth Rock, including, without limitation, location data, and CMT may retain and use the Collected Data in an anonymous aggregated form. The Collected Data is subject to Plymouth Rock’s Privacy Policy. CMT will use any nonpublic personal information within the Collected Data only to fulfill the process directly linked to the Services described in this Agreement. CMT will not otherwise use nonpublic personal information or disclose or transfer it to any third party except to Plymouth Rock in connection with the DriveSavely Program or as required by law. CMT may, in its discretion, disclose anonymized data to third-party companies for their own business purposes.

2. Information Sharing

Except as expressly set forth in this Agreement, we do not sell, rent, trade, or otherwise share your personal information with third parties. We will share your personal information with third parties in the following circumstances:

• Regardless of the choices you make regarding your personal information, we reserve the right to disclose your personal information as required by law (g., to comply with or defend against a subpoena, warrant, court order, or other legal process) and when we believe that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate or report fraud, and/or respond to a government request.
• In the event that Plymouth Rock or CMT undertakes a business transition, such as a merger, acquisition, or sale of all or a portion of its assets to another company, Plymouth Rock or CMT may share your personal information with such company. You consent to the transfer of your personal information in connection with such business transitions.
• CMT may share your personal information with its third-party service providers who may use the personal information to provide services on behalf of the telematics service provider. Those services may include providing you with the services that we offer you through the DriveSavely functionality in the App and facilitating creation of accounts. You expressly consent to the sharing of your personal information with our telematics service providers and their contractors for the sole purpose of providing the DriveSavely functionality in the App to you.

3. Links to Other Websites

The App may include links to other websites whose privacy practices differ from those of Plymouth Rock. If you submit personal information to any of those websites, your information is governed by their privacy statements. We encourage you to carefully read the privacy statement of any website you visit.

4. Correcting Certain Information

If you believe that your trip information includes information for a trip during which you were not driving, you may mark the trip as such through the App.

5. Access and Data Retention

We will retain your personal information until the end of the DriveSavely Program. You may delete any information collected by the DriveSavely functionality of the App on your mobile device by uninstalling the App; however, this will not affect any information that has previously been transmitted to the servers. If you request that we delete your information by contacting us at the email address set forth under “Contact Information,” we will delete your information, except that we may retain and use your information for legitimate business purposes or as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

C. Termination

Enrollment automatically terminates upon (i) failure to properly enroll or complete the evaluation requirements; (ii) failure to accept the terms of this Agreement; (iii) any breach of the Agreement by the Authorized User; (iv) failure to maintain coverage with your Plymouth Rock automobile insurance policy or (v) any termination or expiration of Plymouth Rock’s relationship with Plymouth Rock’s third-party service provider. Upon termination or expiration of this Agreement for any reason, you shall immediately cease all further use of the DriveSavely functionality of the App.

D. License/Restrictions

You are granted a limited, non-transferable, non-exclusive, revocable license to use the Service solely for your personal, non-commercial use and for mobile applications, solely on mobile devices that you own or control.

You may not: (i) copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Service, any updates, or any part thereof (except as and only to the extent that the foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open source components included with the App); (ii) attempt to gain unauthorized access to any of Plymouth Rock’s suppliers’, licensors’, distributors’ and customers’ services, accounts, computer systems or networks associated with the Service; (iii) rent, resell, lease, lend, sublicense or otherwise attempt to transfer rights to the Service; (iv) block, disable, or otherwise affect any advertising, advertisement banner window, tabs, links to other sites and services, or other features that constitute an integral part of the Service; (v) incorporate, integrate or otherwise include all or any portion of any of the Service (including the communications protocols) into any software, program or product; (vi) use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party’s use and enjoyment of it; (vii) use the Service in any way to transmit, directly or indirectly, any unsolicited bulk communications (such as e-mails, voice, photos, video, chat or instant messages); (viii) use the Service to store or transmit infringing, libelous, or otherwise objectionable, unlawful, or tortious material, or to store or transmit material in violation of third-party rights; or (ix) assist or permit any third party to do any of the things described in this paragraph.

E. Unauthorized Use

You shall not use or permit third parties to use the Service in any way that: (i) is fraudulent or violates applicable law, rule or regulation; (ii) interferes with or disrupts other network users, network services, or network equipment, including, but not limited to, spamming; (iii) results in the introduction of computer worms or viruses; (iv) involves the use of false identities; or (v) attempts to gain unauthorized entry or access to any servers or databases through which the applications are provided.

F. Intellectual Property Rights

The App is the property of Plymouth Rock and incorporates valuable copyright, patent, trademark, trade secret, and other valuable intellectual property owned by or licensed to Plymouth Rock, CMT, or both of them. Your participation in the DriveSavely Program does not give you any ownership rights in the App, or in any insurance product that may be developed using the Collected Data. Plymouth Rock and CMT shall own all right, title, and interest in and to the Collected Data in accordance with a separate agreement between them. Plymouth Rock will own any inventions, ideas or other intellectual property created by Plymouth Rock using the Collected Data.

G. Export

You acknowledge that the license and distribution of the Service may be subject to the export laws and regulations of the United States and other relevant local export laws and regulations. You will comply with all such applicable export laws and regulations. Without limiting the foregoing, you will not use the Service for any purpose prohibited by such laws, and will not, directly or indirectly, export, re-export, transfer or license the Service in a manner that does not comply with such laws.

H. Disclaimer of Warranties

To the maximum extent permitted by law, the Service is provided “as-is” and Plymouth Rock and its service providers disclaim all warranties, whether express, implied or statutory, including, without limitation, the warranties of fitness for a particular purpose, merchantability, non-infringement and title.

The Service may contain links to resources maintained by third parties over which Plymouth Rock has no control. Plymouth Rock makes no representations or warranties as to the accuracy of, or any other aspect relating to those resources, and you acknowledge that Plymouth Rock shall not have any liability with respect to those resources. You agree that the Service may not be error free, and use may be interrupted.

Plymouth Rock is solely responsible for any claims made by you relating to the Service or your use and/or possession of the Service except to the extent arising from breach of the Agreement, violation of applicable laws or regulations, or recklessness, bad faith or intentional misconduct by Plymouth Rock’s service providers or their contractors.

I. Limitation of Liability

Your use of the Service is at your own risk and you assume full responsibility and risk of loss resulting from your usage, including but not limited to any damages or losses associated with personal injury, property damage, business interruption, loss of profit, and loss or corruption of Service or data.

To the maximum extent permitted by law, neither Plymouth Rock nor CMT will be liable for any indirect, special, incidental, consequential, punitive damages or any other damages whatsoever, whether in an action of contract, statute, tort (including negligence), or otherwise relating to the use of the Service or this Agreement. Except where prohibited by law, in no event will Plymouth Rock’s cumulative liability arising out of or relating to the Service or this Agreement exceed fifty dollars ($50).

The limitations of liability specified in this section shall be applicable not only to Plymouth Rock but also to each member of the Plymouth Rock network, as well as any “Supplier” (any software or device supplier or manufacturer; any mobile access provider, including any airtime service providers and telecommunications carriers; any distributor, merchant of record or seller of record of the App; or any affiliate of the foregoing) and distributors of any of the foregoing, and any mobile access provider (including airtime service providers and telecommunication carriers).

This Agreement is between you and Plymouth Rock and not with any Supplier, and, except as may be otherwise expressed herein, no Supplier has any responsibility, obligation, or liability to you with respect to the Service. No Supplier shall be responsible for any claims by you or any third party relating to your possession and/or use of the Service, including (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection laws or similar legislation; and (iv) claims by any third party that the Service or your possession and use of the Service infringes the intellectual property rights of the third party. You and Plymouth Rock each acknowledge and agree that: (a) each applicable Supplier is a third-party beneficiary of this Agreement, and (b) upon your acceptance of this Agreement, each such Supplier will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.

J. Dispute Resolution

In the event of any dispute between you, any other driver on your policy, or any other party and Plymouth Rock or a Supplier in any way associated with this Agreement, you agree that, to the fullest extent allowed by law, any controversy or claim arising out of or related to this Agreement, or to any product or service provided under or in connection with this Agreement, will be settled by independent arbitration involving a single neutral arbitrator and administered by the American Arbitration Association (“AAA”) pursuant to AAA’s Consumer Arbitration Rules. Arbitration is not a court proceeding, and the rules of arbitration, which are available on the AAA website, differ from the rules of court. There is no judge or jury in an arbitration proceeding, an arbitrator cannot award relief in excess of what the Agreement provides, and the right to appeal an arbitrator’s decision is restricted. In all arbitrations, the arbitrator must give effect to applicable statutes of limitation. Except as may otherwise be provided in AAA’s Consumer Due Process Protocol, you understand and agree that, by entering into the Agreement, you are waiving your right to a trial in court, either with or without a jury.

You further agree that, even if applicable law permits class actions or class arbitrations, you expressly waive any right to pursue on a class basis any such controversy or claim against Plymouth Rock or any of its Suppliers, or any respective parent or subsidiary corporations, affiliates, officers, directors, employees, partners, agents, licensors, predecessors or successors. If multiple claims are joined in one action, some of which would not be subject to arbitration, the latter claims must be stayed until any claims in that action that are subject to arbitration have been resolved. If claims are asserted against multiple parties, some of which are not required to arbitrate, the claims subject to arbitration must be severed; however, you retain your right to file any claim against any regulatory agency.

In the event that the foregoing arbitration or other requirements do not apply, by application of relevant law or otherwise, you and Plymouth Rock each agree to waive, to the fullest extent allowed by law, any trial by jury and agree that a judge will decide any and all disputes. Notwithstanding the above, you also agree that Plymouth Rock shall be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction, should you violate the terms of this Agreement in a manner that requires immediate relief.

K. General Terms

You represent and warrant that you have adequate legal capacity to enter into this Agreement, that you will use the Service only for lawful purposes, and that you will not violate the rights of others or the terms of this Agreement.

You acknowledge you are responsible for: (i) complying with any terms and conditions of any applicable mobile access provider, Internet service provider or other applicable third-party service required to access and use the Service; (ii) paying all charges and obtaining all necessary permissions related thereto; (iii) maintaining adequate control of your App account access, including any login credentials and access codes (collectively, “login information”); (iv) notifying Plymouth Rock promptly of any unauthorized access; and (v) complying with all applicable law. You must notify your mobile access provider immediately if your mobile device is lost or stolen. Plymouth Rock is not responsible for any losses or other consequences if your account information becomes known to others due to your own failure to maintain adequate oversight and control over your login information.

You agree that this Agreement constitutes the full and complete agreement between you and Plymouth Rock with respect to the subject matter hereof and supersedes any oral and prior written agreements with respect to its subject matter. You also agree that if any term or condition of the Agreement is declared invalid or unenforceable, all other terms and conditions of the Agreement are still valid and enforceable.

Plymouth Rock may modify this Agreement from time to time, at its sole discretion, by posting notice of the change on the Service. Plymouth Rock may require you to provide consent to the amended Agreement in a specified manner before further use of the Service is permitted. If you do not agree to any change to the Agreement, you shall stop using the Service and this Agreement shall be terminated. Your continued use of the Service constitutes your acceptance of the changes.

This Agreement, and all rights and obligations arising from or otherwise relating to this Agreement, shall be governed by, construed in accordance with, and enforced under the laws (both substantive and procedural) of the state of New Jersey, USA (but specifically excluding the United Nations Convention on Contracts for the International Sale of Goods), without reference to principles of conflict of laws.

You may not assign or delegate any rights or obligations under the Agreement, and any such purported assignment or delegation shall be ineffective. Plymouth Rock may freely assign or delegate all rights and obligations under the Agreement, fully or partially, without notice to you. This Agreement shall be binding upon your and Plymouth Rock’s successors and permitted assigns.

L. Contact Information

All questions, complaints and claims with respect to the Service or this Agreement should be directed to:

Plymouth Rock Management Company of New Jersey

Address: 581 Main Street, Suite #400, Woodbridge, NJ 07095

Attention: Customer Service Department

Telephone Number: (800) 437-5556

Email: [email protected]

CMT may be contacted at the following:
Cambridge Mobile Telematics
314 Main Street, Suite 1200
Cambridge, MA 02142
(800) 941-7177 (toll-free)

For purposes of this Agreement, Plymouth Rock Assurance and Plymouth Rock are defined as Shared Technology Services Group LLC and Palisades Insurance Company.