Way to Health

Terms of Use of the Way to Drive mobile application

This document details the terms of use of the Way to Drive mobile telematics research application. These terms of use must be reviewed and accepted before the application can be used.

Welcome to the Way to Drive Application

Way to Drive is a mobile telematics research application (“App”) developed by the University of Pennsylvania (“Penn”) and powered by TrueMotion, Inc. (“Service Provider”). This App is available only to research participants who have enrolled in a trial using the Way to Drive App. Way to Drive collects information about your driving behaviors through your mobile smartphone device. The researchers will use this data to meet the aims and objectives of the trial, which may include the evaluation of driving behaviors, and/or the effectiveness of various interventions aimed at increasing safe driving behaviors.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING THE APP.

BY ACCESSING OR USING THE APP YOU ARE AGREEING TO BE BOUND BY (I) THESE TERMS OF USE; AND (II) THE PRIVACY POLICY OF THE APP LOCATED AT https://www.waytohealth.org/legal/wtd-pp/. IF YOU DO NOT AGREE TO THESE TERMS OF USE AND THE PRIVACY POLICY, YOU MAY NOT ACCESS OR USE THE APP.

You acknowledge and agree to the following:

  1. You represent that you (i) are of legal age to form a binding contract, (ii) hold a driver’s license, and (iii) are not a person barred from receiving the App under the laws of the United States or other applicable jurisdiction. Only persons age 14 or older may utilize the App.
  2. You agree not to interfere with or disrupt the operation of the App.
  3. You agree not to make the App available over a network or other environment permitting access or use by multiple mobile devices at a time.
  4. You agree not to collect or harvest any personally identifiable information, including account names, from the App.
  5. You are authorized to use the App only in connection with the Way to Drive research program in which you are enrolled and only for so long as you participate in the research.

Safe and Lawful Use of the App

You agree that when using the App you will:

Collection, Storage and Use of Information

Subject to these Terms, the Privacy Policy and any applicable laws and regulation, you hereby authorize and consent to the collection, transmission, storage, sharing, and use by Penn and its researchers and agents, of any information and data related to or derived from your use of the App, and any information or data that you provide to Penn in connection with your activation and use of the App (“Information”). Without limiting the generality of the foregoing, the Information shall include, without limitation, data such as time of day, your driving location, your driving distractions, your driving speed, your driving acceleration, and your driving braking. By using the App, you also agree and consent to Penn’s Service Provider’s transmission, collection, maintenance, processing, and use of Information in order to provide services to Penn, and to Service Provider’s use of Information (other than personally identifiable information) for internal business purposes.

Privacy

Usage of the App is subject to the Privacy Policy at https://waytohealth.upenn.edu/wtd-pp. You agree to receive any updates to our Privacy Policy by accessing the App. By using the App, you agree that Penn may use and share your personal information in accordance with the terms of the Privacy Policy.

Ownership of and License to App

The App is the property of Penn and its Service Provider. You are hereby granted a fully-paid, nonexclusive, non-sublicensable, non-transferable, time-limited, revocable license to use the App subject to these Terms of Use. Penn and its Service Provider retain all right, title, and interest in and to the App. You may not reverse engineer, disassemble, decompile, alter, duplicate, translate, make copies, or create derivative works from the App, except to the extent allowed under applicable law.

Names and Trademarks

“Way to Drive”, the Penn name and logo, and other Penn trademarks, service marks, graphics, and logos used in connection with the APP are trademarks or registered trademarks of Penn. Other trademarks, service marks, graphics, and logos used in connection with the App may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks.

Termination

Termination by You

You may terminate your use of the App at any time for any reason. These Terms will continue to apply with respect to any activity that occurs and any Information that is created or acquired before you remove or uninstall the App from your mobile device.

Termination by Penn

Penn may block or suspend your access to the App or terminate the rights afforded to you hereunder with or without prior notice, at any time, if you fail to comply with the terms and conditions of these Terms or for any reason whatsoever. Penn reserves the right to modify, suspend, or discontinue the App (or any part or content thereof) at any time with or without notice to you, and Penn will not be liable to you or to any third party should it exercise such rights. Upon termination of these Terms, you shall cease all use of the App and uninstall any residual components of the App.

Disclaimer of Warranties.

General

YOU ACKNOWLEDGE AND AGREE THAT THE APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND THAT YOUR USE OF OR RELIANCE UPON THE APP AND ANY THIRD-PARTY CONTENT AND SERVICES ACCESSED THEREBY ARE AT YOUR SOLE RISK AND DISCRETION. PENN AND ITS AFFILIATES, PARTNERS, SUPPLIERS AND LICENSORS HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND GUARANTIES REGARDING THE APP AND THIRD-PARTY CONTENT AND SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE APP MAY CONTAIN ERRORS OR INACCURACIES THAT COULD CAUSE FAILURES, CORRUPTION OR LOSS OF DATA AND/OR INFORMATION FROM YOUR DEVICE AND FROM PERIPHERALS (INCLUDING, WITHOUT LIMITATION, SERVERS AND OTHER COMPUTERS) CONNECTED THERETO. YOU SHOULD BACK UP ALL DATA AND INFORMATION ON YOUR DEVICE AND ANY PERIPHERALS PRIOR TO USING THE APP. TO THE EXTENT PERMITTED BY LAW, PENN SHALL HAVE NO LIABILITY WITH RESPECT TO YOUR USE OF THE APP.

Other Fees and Costs

The App requires an internet or data connection and any charges or fees associated with any such connection, or with text messages related to activation or to the study in which you are enrolled, are solely your responsibility, as set forth in the agreement between you and your internet or data connection and cellular service provider.

Limitation of Liability.

UNDER NO CIRCUMSTANCES SHALL PENN OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, PARTNERS, SUPPLIERS, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS AND/OR USE OF OR INABILITY TO ACCESS AND/OR USE THE APP AND ANY THIRD-PARTY CONTENT AND SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE APP, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT PENN WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, PENN’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Miscellaneous

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, excluding its conflicts of law principles. Any disputes arising from these Terms shall be adjudicated in the courts of the city of Philadelphia, PA. These Terms shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

Contact Information and Notification

Please direct any questions, complaints or claims related to these Terms or your use of the App to waytodrive@pennmedicine.upenn.edu. Penn may notify you with respect to the App by contacting you via the physical or email address on file in connection with the research study using the App for which you are enrolled. Notices shall become effective immediately.

Severability

If any provision of these Terms is held to be invalid or unenforceable with respect to a party, the remainder of these Terms, or the application of such provision to persons other than those to whom it is held invalid or unenforceable shall not be affected and each remaining provision of these Terms shall be valid and enforceable to the fullest extent permitted by law.

Waiver

Except as provided herein, the failure to exercise a right or require performance of an obligation under these Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute waiver of any subsequent breach.

Modification or Amendment

Penn may modify or amend these Terms at any time by posting the revised Terms at a link accessible from the App. You will be deemed to have agreed to any such modification or amendment by your decision to continue using the App following the date in which the modified or amended Terms are posted.

Survival

The provisions of these Terms which by their express language or by their context are intended to survive the termination of these Terms shall survive such termination.

Third-Party Beneficiaries

Nothing contained in these Terms is intended or shall be construed to confer upon any person (other than the parties hereto) any rights, benefits or remedies of any kind or character, or to create any obligations or liabilities of a party to any such person.

Entire Agreement

These Terms, including the documents incorporated herein by reference, constitute the entire agreement with respect to the use of the App and supersedes all prior or contemporaneous understandings regarding such subject matter.

LAST UPDATED: May 17, 2021