Effective on February 20, 2023
You have elected to participate in a Usage Based Insurance program (YUBI®) (hereinafter, the “YUBI 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 YUBI Program is expressly conditioned on your acceptance of the terms and conditions contained herein (the “Agreement”). By participating in the YUBI 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 (does not apply to New York policyholders).
The YUBI Program incorporates driving behavior and its relationship to risk characteristics. The YUBI mobile application will track and transmit driving data, including vehicle location and driving events such as GPS location, smooth driving (acceleration and braking), time of day, miles driven, and phone usage while a trip is in progress (limited to the fact that a phone call was received or initiated by the driver, the time the call began, and the time the call ended). By participating in the YUBI 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.
Through this Agreement, Plymouth Rock agrees to grant you, as an “Authorized User,” (i) a limited, non-transferable, non-exclusive, revocable license to use and/or access our telematics mobile application YUBI 2.0 (the “YUBI application”) and any related content contained in or provided in connection with the YUBI application (the “Content”) for the purposes of the YUBI Program. The YUBI application and the Content collectively are referred to in this Agreement as the “Service.”
Plymouth Rock reserves the right to modify the terms and conditions of the Agreement at any time. Modifications to the Agreement can be reviewed by accessing the YUBI application or visiting http://plymouthrock.com/lp/yubi. Your continued participation in the YUBI Program constitutes your acceptance of any revisions to the Agreement.
A. The YUBI Program
The YUBI Program uses our YUBI telematics mobile application 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 through the YUBI application. The YUBI application is currently compatible with certain iPhone and Android devices containing supported operating systems and required hardware. Information will be collected unless you disable your GPS service through your mobile device settings, uninstall or pause the YUBI application or turn off your mobile device. Plymouth Rock uses a third-party service provider, acting on Plymouth Rock’s behalf, to collect your data through the YUBI application and transmit it to Plymouth Rock for the purposes described in this Agreement. The service provider also may 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 YUBI Program has triggered an SMS (text) message to be sent to you. After downloading and opening the YUBI application, 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 YUBI Program will cease.
A YUBI Program enrollment discount may apply to each participating rated driver (“driver”) for the first policy term that the driver is enrolled in the YUBI Program. Each driver who enrolls in the YUBI Program prior to their new business effective date may receive a YUBI Program enrollment discount upon the start of the new business policy term. Each driver who enrolls after the new business effective date may receive a YUBI Program enrollment discount by downloading, registering, accepting the terms of this Agreement and logging trips using the YUBI application. If a discount applies, it will be applied retroactively to the enrollment date. Not all drivers will receive a YUBI Program enrollment discount.
YOU MUST DOWNLOAD AND REGISTER THE YUBI APPLICATION AND ACCEPT THE TERMS OF THIS AGREEMENT WITHIN TEN (10) DAYS FOR NEW YORK POLICYHOLDERS AND THIRTY (30) DAYS FOR ALL OTHER POLICYHOLDERS, AND BEGIN LOGGING TRIPS WITHIN THIRTY (30) DAYS OF YOUR ENROLLMENT DATE IN THE YUBI PROGRAM. Drivers who do not complete these requirements within the timeframes above will have any existing YUBI Program enrollment discount removed retroactively to the new business effective date.
Participation in the YUBI Program is contingent upon maintaining your Plymouth Rock automobile insurance policy. A lapse in coverage during your evaluation period will result in your termination from the YUBI Program, and any applicable YUBI Program enrollment discount will be removed retroactively to the effective date of the first term of your policy, which may result in an increase in your premium.
1. First Evaluation Period
The first evaluation period starts at the time of registration with the YUBI application and ends 45 days before the first renewal date after enrolling in the YUBI Program.
Once the first evaluation period is complete for each driver, any enrollment discount will continue to apply until the renewal of your policy. At the renewal of your policy following completion of your first evaluation period, your enrollment discount, if any, will be removed and your YUBI renewal factor will be used to determine your discount or surcharge. The YUBI renewal factor can range from being a discount (up to -29%) to a surcharge (up to +31%). The YUBI renewal factor is applied separately for each driver, and is based on each driver’s behavior-based factor and mileage-based factor using the YUBI application. Drivers who do not meet the minimum driving criteria below will not be entitled to any discount and may be subject to a surcharge at renewal.
During the first evaluation period, you will have access to the YUBI application which will allow you to track actions or events. After the first evaluation period is complete, the YUBI application will remain available for your continued usage for drivers who have met the minimum driving criteria by the end of their first evaluation.
For New York policyholders only, any driver who has used the YUBI application for less than 120 days or has used the YUBI application for at least 120 days but does not meet the minimum driving criteria below will have their first evaluation period extended. The extended evaluation period will end 45 days before the next renewal. For example:
You purchase a six-month New York policy beginning February 1, and enroll in the YUBI program. Your first evaluation period is scheduled to end on June 17, 45 days before your policy renews on August 1. However, you do not complete the YUBI application registration until February 25. You have only used the YUBI application for 112 days (from February 25 to June 17), so your first evaluation period would be extended until December 18, which is 45 days prior to February 1 of the following year, the date of the next renewal of your policy.
2. Minimum Driving Criteria
FOR NEW YORK POLICYHOLDERS, EACH DRIVER MUST RECORD AT LEAST 30 TRIPS AND 300 MILES USING THE YUBI APPLICATION, AND USE THE YUBI APPLICATION FOR A MINIMUM OF 120 DAYS DURING THE EVALUATION PERIOD TO STAY IN THE YUBI PROGRAM AND HAVE A BEHAVIOR-BASED FACTOR AND MILEAGE-BASED FACTOR APPLIED TO THEIR PREMIUM.
FOR ALL OTHER POLICYHOLDERS, EACH DRIVER MUST RECORD AT LEAST 30 TRIPS AND 300 MILES USING THE YUBI APPLICATION OR USE THE YUBI APPLICATION FOR A MINIMUM OF 100 DAYS DURING THE EVALUATION PERIOD, STAY IN THE YUBI PROGRAM AND HAVE A BEHAVIOR-BASED FACTOR AND MILEAGE-BASED FACTOR APPLIED TO THEIR PREMIUM.
The YUBI application collects data that reflects driving behavior and miles driven. Each driver’s miles driven is used to calculate a mileage-based factor. Each driver’s behavior-based score is calculated by evaluating the five components below and is used to determine a behavior-based factor.
- The smooth driving component measures the level of anticipation of the traffic flows based on the amount of acceleration and braking. Frequent extreme acceleration or harsh braking events could lead to a lower smooth driving score.
- The mobile 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 fatigue component measures the risk of the driver losing concentration due to the length and monotony of each trip. To avoid driving fatigue and a lower fatigue score, it is good practice to take breaks during long trips.
- The time of day component measures the relative risk posed by others driving on the road at various times of day. Late night trips are riskier and could lead to a lower time of day score.
If you are a passenger on an airplane, on a boat, subway, train, bus, or other vehicle, or if you are using another mode of transportation such as walking or cycling, you can edit the trip tag in the YUBI application to indicate you were not driving. Trips where you were not driving do not count towards the minimum driving criteria listed above. If the YUBI application or the phone settings needed to capture trips are disabled, then the driver may be removed from the YUBI Program and receive a surcharge upon renewal.
For New York Policyholders Only
During subsequent policy terms, Plymouth Rock will continue to monitor your driving data. Your behavior-based factor and mileage-based factor will be updated at each annual renewal. Each driver must record at least 30 trips and 300 miles using the YUBI application, and use the YUBI application for a minimum of 120 days between the previous evaluation period end date and 45 days before each annual renewal. Any driver who does not meet the criteria will have their evaluation period extended until 45 days before the next renewal unless they did not have the YUBI Application set up properly to record trips. Failure to complete a re-evaluation may result in a lower discount or no discount at renewal.
For All Other Policyholders
During subsequent policy terms, Plymouth Rock will continue to monitor your driving data. Your behavior-based factor will remain the same for all policy terms. The miles driven by each driver will be used to calculate an updated mileage-based factor at each annual renewal. Each driver must record at least 30 trips and at least 300 miles using the YUBI application or use the YUBI application for a minimum of 100 days between the previous evaluation period end date and 45 days before each annual renewal to avoid being subject to a surcharge and receiving the highest mileage-based factor.
B. YUBI 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 YUBI application. 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 YUBI Program, there is risk of interception. The YUBI 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 YUBI application, 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. Collection of Personal Information
We may collect the following personal information from you through the YUBI application:
- Device information such as make, model, device ID
- Unique identifiers such as user name
After you install the YUBI application, we may collect the following information unless you disable global positioning system (GPS) services through your mobile device settings, force the YUBI application to close, or pause or uninstall the YUBI application:
- Information such as GPS location, speed, direction, acceleration, time of day, and the length of any phone calls started or ended during a trip.
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.
2. Use of Personal Information
We use this information to:
- Provide you with the YUBI application
- Calculate trip scores and a driving score
- Analyze, benchmark and conduct research on driving behavior
- Send you administrative notifications, such as security or support advisories
- Verify information on insurance policy applications and claim submissions/investigations
- Respond to your questions and concerns
- Improve the YUBI application
We may share anonymous data records from your personal information by excluding information (such as your name) that makes the data personally identifiable. This anonymous data is used for a variety of purposes, including analyzing driving patterns to mobile applications and comparing driving performance. The telematics service provider may, in its discretion, disclose anonymized data to third-party companies for their own business purposes.
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 its telematics service provider 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 the telematics service provider may share your personal information with such company. You consent to the transfer of your personal information in connection with such business transitions.
- Our telematics service provider 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 YUBI application 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 YUBI application to you.
4. Links to Other Websites
The YUBI application 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.
5. 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 YUBI application.
6. Access and Data Retention
We will retain your personal information until the end of the YUBI Program. You may delete any information collected by the YUBI application on your mobile device by uninstalling the YUBI application; 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.
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; or (iv) 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 YUBI application and delete any copies of the YUBI application in your possession or control.
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 YUBI application); (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); or (viii) 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 Service embodies valuable copyright, patent, trademark, trade secret, and other valuable intellectual property rights owned or licensed by Plymouth Rock’s licensors and is protected by laws of the United States and foreign countries. Plymouth Rock’s licensors (or their licensors) retain all right, title, or interest in all such proprietary rights or property, and you shall have no interest in any such rights or property other than the license granted under the Agreement.
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.
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, Plymouth Rock will not 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 YUBI application; 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 YUBI application 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.
For New York Policyholders Only
New York state law prohibits certain limitations of liability and consumers from waiving certain rights. Any limitation of liability or waiver of rights in this Agreement that is prohibited by New York law shall not apply to you.
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.
For New York Policyholders Only
Notwithstanding anything to the contrary in this Agreement, any dispute between the parties arising out of or relating to alleged liability caused by a defective plug-in telematics device or data breach related to the data collected or personal data on your smartphone shall be exclusively brought in the federal or state courts for Woodbridge, New Jersey, and each party submits to this personal jurisdiction and venue.
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, and (ii) paying all charges and obtaining all necessary permissions related thereto. 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 (such as stored user IDs and passwords) becomes known to someone else.
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:
Name: Plymouth Rock Management Company of New Jersey
Address: 581 Main Street, Suite #400, Woodbridge, NJ 07095
Contact: Sharon Zimon, Customer Solutions Supervisor
Telephone Number: (800) 437-5556
Email: [email protected]
For purposes of these YUBI Program Terms & Conditions, Plymouth Rock Assurance or Plymouth Rock is defined as Shared Technology Services Group Inc. and its affiliates and insurance companies managed by its affiliates, listed below:
Palisades Insurance Company
High Point Safety and Insurance Company
High Point Property and Casualty Insurance Company
Teachers Auto Insurance Company of New Jersey