Terms and Conditions

Please read these terms and conditions carefully before you install any version of the DriveAssist™ application (including all versions, upgrades, modifications, configurations, or additions to that software and service) (collectively “DriveAssist”). Your use of DriveAssist indicates that you accept these terms and conditions including the Aegis privacy policy. If you do not accept these terms and conditions do not download, launch, or otherwise use DriveAssist. YOUR DOWNLOADING OF DRIVEASSIST IS AN ACKNOWLEDGEMENT BY YOU THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO THE FOLLOWING TERMS AND CONDITIONS, INCLUDING THE AEGIS PRIVACY POLICY INCORPORATED HEREWITH, WHICH FORM A BINDING LEGAL CONTRACT BETWEEN AEGIS MOBILITY INC. (“AEGIS”) AND YOU. Before installing or agreeing to have the DriveAssist application installed on your Device, you represent and warrant that you have (a) read this agreement in its entirety including the Aegis Mobility DriveAssist Software License (incorporated herein), (b) you understand and agree to the terms of this agreement, (c) you are at least 18 years of age, (d) if you are accepting this agreement for a person under 18 years of age you have the legal right to enter into this agreement on the person’s behalf.

These terms and conditions represent the entire agreement (“Agreement”) between you and Aegis with respect to DriveAssist. All references herein to “you” and “your” means you, your employees and any other person or entity on whose behalf you have authority to accept these terms and conditions, all of whom shall also be bound by this Agreement to the extent permitted under applicable law.

DRIVEASSIST SERVICE
The DriveAssist Service is a subscription-based program that allows DriveAssist to send and receive information from Aegis’ servers via a wireless connection, providing features such as automatic activation when DriveAssist determines you are driving; redirection and/or forwarding of incoming calls; restricting the ability to make calls (other than 911) or send email, Instant Messages (’’IM”) or text messages (“SMS”) and a delay in the receipt and/or ability to read text or email messages. Please read this section carefully before you use DriveAssist, as it defines certain additional terms and conditions that will specifically apply to your use of the DriveAssist Service.

DriveAssist will not restrict mobile phone use in all circumstances. These circumstances include but are not limited to: dialing “911,” the inability of the mobile device to obtain an accurate Global Positioning System (“GPS”) reading to determine driving, speed of movement below the DriveAssist activation threshold speed, heavy traffic or long stoplights, and the use of the Passenger option by the driver of a vehicle.

DriveAssist utilizes a mobile device’s GPS functionality to determine driving. GPS data may not always be available due to underground parking structures, terrain, high-rise buildings, or other environmental elements. At times, a mobile device may report erroneous results that will not enable DriveAssist to determine when a user is driving. Any GPS inaccuracies or malfunctions may interfere with DriveAssist and are not malfunctions of the application. This may result in failure of DriveAssist to redirect or limit calls and texts and other communications during driving as well as activation of DriveAssist and attendant limitation and disruption of your communication when you are not driving.

SPECIAL RISKS ASSOCIATED WITH DRIVEASSIST
YOU ACCEPT AND AGREE THAT BY USING DRIVEASSIST YOU MAY RISK BLOCKS TO AND DISRUPTIONS OF 911 CALLS DUE TO POSSIBLE TECHNICAL DIFFICULTIES THAT MAY OCCUR. While DriveAssist is designed to allow access to 911 calls at all times, THERE IS ALWAYS A RISK OF TECHNICAL FAILURE, in particular during testing or conversion of the system for upgrades or general maintenance, in which such emergency calls may be blocked or otherwise impeded to and from 911. By agreeing to use DriveAssist you agree to this risk.

YOUR LOCATION AND ACTIVITIES
WIRELESS NETWORK COVERAGE IS REQUIRED FOR DRIVEASSIST. Aegis must be able to record the starting time of your trip, your ‘driving’ state and movement activity, and the ending time of your trip. In using DriveAssist, you allow Aegis to access your state and activity information, and to record, compile and display such information internally and to any party authorized by you.

Such information is subject to Aegis’s privacy policy: http://www.aegismobility.com/home/privacy.

INFORMATION SECURITY
UPON INSTALLATION OF THE SOFTWARE, VARIOUS DEVICE RELATED AND PERSONAL INFORMATION MAY BE RECORDED, including your name, your manager’s name, your organization, your address and phone number, device model, pin number (for BlackBerry only), your service provider, your use of the Passenger option while driving, your number of attempts to place or answer a call while driving, your attempts to send a text (SMS) while driving, your preferred language (for interactive voice response), call inbound or outbound direction, call answer time, call disconnect time, text inbound or outbound direction, and the percent of battery power remaining in your device at various intervals. Additionally, your account information, as well as other payment and personal information provided by you to Aegis (directly or through the use of DriveAssist), may be captured. ANY PERSONAL INFORMATION GATHERED WILL BE MAINTAINED AND USED IN ACCORDANCE WITH AEGIS’ PRIVACY POLICY, WHICH POLICY IS INCORPORATED HEREIN AND TO WHICH YOU AGREE TO BE BOUND BY ACCEPTING THESE TERMS AND CONDITIONS.

SAFE AND LAWFUL USE
DriveAssist is not a safety service; it is a personal assistant. Due to GPS malfunctions as discussed above, DriveAssist may allow calls, text and data to operate for the duration or a portion of a journey – it is up to you to drive responsibly. You acknowledge that devoting attention to DriveAssist on your mobile handset while driving may pose a risk of injury or death to you and others in situations that otherwise require your undivided attention, and you therefore agree to comply with the following when using DriveAssist: (a) observe all traffic laws and otherwise drive safely; (b) do not confirm you are in Passenger Mode, unless you are a passenger; (c) do not use DriveAssist for any illegal, unauthorized, unintended, unsafe, hazardous, or unlawful purposes, or in any manner inconsistent with this Agreement; (d) arrange all wireless devices and cables necessary for use of DriveAssist in a secure manner in your vehicle so that they will not interfere with your driving and will not prevent the operation of any safety device (such as an airbag). In order to use DriveAssist, you must be of legal age. If you are younger than 18 years of age, you may only use DriveAssist with the consent of a parent or legal guardian who can accept this agreement on your behalf. If you are a parent of legal guardian accepting these Terms on behalf of a child less than 18 years of age, you agree and accept that you are fully responsible for the use of the software including any financial charges that the child may incur through use of the software. You are responsible for compliance with all federal, state, local and foreign law applicable to your use of DriveAssist. YOU AGREE TO INDEMNIFY AND HOLD AEGIS HARMLESS AGAINST ANY AND ALL CLAIMS RESULTING FROM ANY DANGEROUS OR OTHERWISE INAPPROPRIATE USE OF DRIVEASSIST IN ANY MOVING VEHICLE, INCLUDING AS A RESULT OF YOUR FAILURE TO COMPLY WITH THE DIRECTIONS ABOVE.

BATTERY USAGE
DriveAssist is an “always on” service utilizing RF sensors and GPS to determine driving. As such, it will utilize more battery power than typical “on-demand” applications. Aegis recommends that DriveAssist users charge their phones more often, ensure that their battery is within its useful lifetime, and/or use extended life batteries. PAYMENT Before DriveAssist is activated, you, or another entity on your behalf, must enter into a direct billing or prepaid agreement with Aegis. You agree to pay all fees charged to your account for DriveAssist (including applicable state and local taxes), in accordance with Aegis’ billing terms in effect at the time the charge becomes payable. You will be charged such fees each month, even if you do not use DriveAssist. Aegis reserves the right to change the fees for DriveAssist at any time, upon 30 days prior notice to you. If you fail to pay the charges for DriveAssist when due, Aegis reserves the right to pursue any and all legal remedies to collect the amounts owed by you, and to suspend or terminate your access to DriveAssist. In the event that you sell or otherwise permanently transfer the mobile device you will continue to be responsible for payment of the all fees until you notify us to cancel your subscription.

TERMINATION OF DRIVEASSIST
Aegis reserves the right to discontinue DriveAssist generally and/or to terminate your access to DriveAssist at any time for any reason, and without notice to you. You may terminate DriveAssist at any time by sending an e-mail to This e-mail address is being protected from spambots. You need JavaScript enabled to view it . A confirmation of cancelled service will be sent to you by return e-mail. If you do not receive a confirmation email, it is your responsibility to contact us again to ensure we have received your termination email and any continued billing without further notice by you in the absence of our confirmation is accepted by you herein. You agree that any such cancellation by you shall become effective for the next billing period only. There is no partial billing. Upon any termination of subscription, Aegis shall have no liability to you or any further obligations under this Agreement.

NOTIFICATIONS
Aegis may revise this Agreement if necessary to comply with changes in applicable laws and regulations and will endeavor to notify you of this change by the email address you have provided. IT IS YOUR RESPONSIBILITY TO NOTIFY AEGIS OF A CHANGED EMAIL ADDRESS. By using DriveAssist, you consent to receive from Aegis all communications, including notices, agreements, legally required disclosures or other information in connection with DriveAssist (collectively, “Notices”) electronically. Aegis may provide such Notices by posting them on Aegis’s Website and emailing you the link of such Notice or it may download such Notices to your wireless device. If you desire to withdraw your consent to receive Notices electronically, you must discontinue your use of DriveAssist.