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Effective Date: April 8, 2025
 

1. General

The AARP SafeTrip™ Mobile Application is owned and operated by AARP and/or its subsidiaries and affiliates (“AARP,” “we,” “us” or “our”), using the proprietary technology of Cambridge Mobile Telematics. These Terms of Use (“Terms”) govern your use of the AARP SafeTrip Mobile Application and all products, services, features, and functionalities offered on or through the application (collectively, the “App”). Accessing the App in any manner constitutes use of the App and your agreement to be bound by these Terms, which represent a binding contract between you and AARP. You represent that you are legally competent to enter this agreement and that you agree to use the App in accordance with these Terms. If you do not agree to be bound by all provisions of the Terms, you may not use the App.

Certain areas, features, or functionality of the App may be subject to different or additional terms, rules, guidelines or policies (“Additional Terms”), and we may provide such Additional Terms to you via postings, pop-up notices, links, or other means at the time that you access or use the relevant area, feature or functionality. From time to time, such Additional Terms may conflict with these Terms. In the event of such a conflict, the Additional Terms will control. Any reference to the “Terms” in this agreement includes the Additional Terms.

We respect your privacy and have taken specific steps to protect it. Your submission of personal information through the App is governed by our Privacy Policy, which is hereby incorporated into these Terms by reference.

2. The AARP SafeTrip Mobile Application

(A) Overview of the App. The App is a mobile application for iOS and Android smartphones that provides information on your driving with the goal of helping you become a safer and better driver.  The App gathers data from position and inertial sensors and assesses your driving based on a variety of measurements, including hard acceleration, hard braking, hard cornering, speeding, and phone usage while driving. These measurements are used to score your driving. Your driving score, which is computed based on your driving over the prior two weeks, along with related information, is be visible in the App. For more information on the App, how to use it, and its features and functionalities, please visit our FAQ page.

(B) Safe Driving. You should always drive safely and vigilantly, paying close attention to road conditions and at all times in accordance with applicable traffic laws. IT IS STRICTLY FORBIDDEN, AND A VIOLATION OF THESE TERMS, TO USE THE APP FOR ANY PURPOSE WHILE DRIVING.  By using the App, you agree to comply with all applicable laws and regulations, including all traffic laws, while using the App.

(C) No Guaranteed Results. The purpose of the App is to provide you with information on your driving, with the goal of promoting safe driving. Importantly, however, AARP makes no guarantee or representation of any kind that use of the App, including implementation of any driving recommendations provided via the App, will prevent accidents or otherwise improve your driving. Your safety while driving is your own responsibility, and driving is always an activity done at your own risk. BY USING THE APP, YOU ACKNOWLEDGE AND AGREE THAT AARP SHALL HAVE NO RESPONSIBILITY AND FACE NO LIABILITY, FROM YOU OR ANY OTHER PARTY, RELATED IN ANY WAY TO YOUR DRIVING, INCLUDING ANY DRIVING ACCIDENTS, DAMAGE TO PERSONS OR VEHICLES, AND ANY TRAFFIC LAW INFRACTIONS.

(D) Eligibility. Use of the App is permitted only by persons who are 18 years of age or have reached the age of majority in their jurisdiction of residence (whichever is greater), who hold a valid driver’s license, and who are not barred from driving by law or any applicable government authority. If you do not meet these eligibility requirements, you are not permitted to use the App.

(E) Internet Use. Use of the App requires an online (e.g. Wi-Fi, 3G, 4G) connection between your cellular device and the Internet. The Internet connection required to use the App, and any associated charges (e.g. mobile data expenses) incurred by your use of the App, are your exclusive responsibility and made solely at your expense. The expenses of such connection are as prescribed by the agreement between you and your communication service provider (such as your cellular company), according to its applicable terms of payment.  

(F) CrashAssist. By enabling CrashAssist within the App, you agree to the following terms and conditions: You acknowledge the CrashAssist feature will not work in all situations, it may not detect all accidents, it may detect accidents that are not true collisions, accident alerts will only be available when the App is active, the CrashAssist feature is not a replacement for a direct call to 911, the dispatch of emergency medical services (“EMS”) is not a determination that coverage exists, there is no guarantee that EMS will be provided and/or the timeliness of such EMS. You agree AARP and its affiliates and vendors will not be liable if the CrashAssist feature is hindered from operating for any reason or for the timeliness of EMS response times, including whether they respond at all. By enabling the CrashAssist feature, you grant AARP and its vendors permission to contact you when potential accidents are detected and to follow up with you after the accident to understand and improve the performance and functionality of the CrashAssist feature.  You agree to be contacted via phone, text (one-time message for phone number confirmation), push notification, email, or in app messaging.  You agree to receive autodialed phone calls and autodialed mobile messages. You grant AARP and its vendors the following rights: to record any phone calls arising out of your use of the CrashAssist feature, to contact 911 on your behalf if an accident is detected and you do not respond or request 911 assistance, and to automatically file a claim with AARP if EMS is dispatched at your request (where this functionality is utilized by you).

3. Intellectual Property Rights

(A) AARP’s Limited License to You. This App and all the materials contained on it are AARP’s property and/or the property of our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. We are providing you with access to the App pursuant to a limited, non-exclusive, non-sub-licensable, non-transferable, revocable license. You can use the App for personal, non-commercial use, and subject to these Terms. You may use the App for personal noncommercial purposes only. You may not use this App or the materials on it in any manner that violates the privacy rights, publicity rights, copyrights, trademark rights, patent rights, contract rights, or any other rights belonging to us or a third party. We reserve the right, at any time and without notice, to suspend, cancel, or terminate your right to use the App (or any portion of the App) for violation (whether repeated or not) of copyrights or any other rights belonging to us or a third party. Unless authorized in these Terms or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by e-mail or other electronic means) any material from the App. Information about permission to reproduce or distribute materials from the App can be obtained by completing this form.

(B) Your License to AARP. By posting or submitting any material (including, without limitation, text, photos, and videos) to or through the App, you represent and warrant: (i) that you are the owner of the material, or that the owner of the material has consented to your use (including your grant of the license to AARP require by this section; and (ii) that you meet the eligibility requirements in Section 2 above. You will be solely responsible for any damages resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any uploading, posting, or submission.

When you submit or post material, you grant to us a royalty-free, perpetual, irrevocable, sublicensable (though  multiple tiers), non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display it (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology. This grant shall include the right to exploit any proprietary rights in any such material. You also grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, e-mail address, or AARP Member name, as we deem appropriate.

4. Registration and Passwords

To access certain features of the App, we may ask you to provide personally identifiable information such as your name, e-mail address, ZIP code, and date of birth. You will provide true, accurate, current, and complete information about yourself for any registration fields located on the App. If we suspect that information you provide is untrue, inaccurate, or incomplete, we may, in our sole discretion, suspend or terminate your account and refuse all current or future use of the App by you. Our use of any personally identifiable information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.

You may need a username and password to use certain features of the App. By registering on the App, you agree that you will not (i) select or use a username or e-mail address of another person with the intent to impersonate that person; (ii) use a username or e-mail address subject to the rights of any person without authorization; (iii) use a username in violation of the intellectual property rights of any person; or (iv) use a username that we, in our sole discretion, deem inappropriate or offensive. You are responsible for maintaining the confidentiality of your password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You will notify us immediately of any unauthorized use of your password or account or any other breach of security. We assume no liability for any loss or damage arising from any unauthorized use of your password or account by a third party.

5. Message Boards & Other Interactive Features

This App may include interactive features, including message boards, web logs, e-mail services, and areas that allow uploading of user-generated content (collectively, “Interactive Features”). You are solely responsible for any material that you post or provide through any Interactive Features. We provide these features for the use of civil conversation and interaction between our community members. This App, including its Interactive Features, shall be used for lawful purposes only and you shall not:

  • Engage in any conduct that, in our sole judgment, restricts or inhibits any other user from using or enjoying the App. This includes any behavior that does not follow our Community Guidelines, which are hereby incorporated into these Terms by reference.
  • Post or transmit any material that violates our rights or the rights of others, including privacy rights, publicity rights, copyrights, trademark rights, patent rights, contract rights, or any other right.
    • False and misleading information is also prohibited. This includes copying entire articles or videos from other information sources online. Link, cite, and provide a summary of the resource instead.
  • Use the App to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; interfere with or disrupt any servers or networks used to provide the App or its features; or disobey any requirements, procedures, policies, or regulations of the networks we use to provide the App.
    • Usernames must be inoffensive, in accordance with all Community Guidelines, and not misleading. Examples of usernames that do not meet these requirements would be any that include profanities, rude/sexist/racist comments, the names of real people other than yourself, political or religious expressions, any phrases with the intent to incite, and recognizable trademarked names. Using “AARP” within your username is also not permitted as it is reserved for official AARP roles.
  • Use the App in an unlawful, threatening, or abusive manner, including in a manner to promote racism, bigotry, hatred, or physical harm of any kind against any group or individual.
    • Attacks on individuals, social, ethnic, or political groups and figures, insults, name-calling, trolling, bullying, baiting or other attempts to sow dissension or incite members are strictly prohibited.
  • Gain unauthorized access to the App, or any account, computer system, or network connected to this App, by means such as hacking, password mining, or other illicit means.
  • Obtain or attempt to obtain any materials or information not intentionally made available through the App.
  • Use the App to post or transmit any vulgar, obscene, or otherwise objectionable information of any kind, including any transmissions that encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
  • Use the App to post or transmit any information, software, or other material that contains a virus or other harmful component.
  • Use the App to post, transmit, or in any way exploit any information, software, or other material for commercial purposes, or that contains advertising.
  • Engage in advertising or commercial solicitation of any product or service, or to solicit donations of any kind, on the App, without our written consent.
  • Gather for marketing purposes any e-mail addresses or other personal information that has been posted by other users of the App.

We shall have the right, but no obligation, to monitor the content of the Interactive Features to determine compliance with these Terms. We shall have the right in our sole discretion to edit, refuse to post, or remove any material submitted to or posted on Interactive Features. Notwithstanding this right, users shall remain solely responsible for the content of their materials. We neither endorse nor are responsible for the accuracy or reliability of any opinion, advice, or statement on Interactive Features, whether it is provided by us, our employees, or a third party. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND CAUSED BY RELIANCE ON INFORMATION OBTAINED THROUGH POSTINGS ON INTERACTIVE FEATURES OF THE APP. We are not responsible for any offensive, defamatory, or obscene posting made on Interactive Features.

We reserve the right at all times to disclose any information we believe necessary to satisfy any law, regulation, or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are inappropriate, objectionable or in violation of these Terms. We also reserve the right to deny access to the App or any features of the App to anyone who, in our sole judgment, violates these Terms or interferes with the ability of others to enjoy the App or infringes the rights of others. Neither we nor any third-party content provider shall assume or have any liability for any action or inaction by us or any third-party content provider with respect to any conduct, communication, or posting on Interactive Features.

6. Third-Party Sites

Certain sections of the App may provide links to the sites or services of third parties, where you may be able to purchase third-party products and services. We are not responsible for the quality, accuracy, timeliness, reliability, or any other aspect of any product or service offered or provided by a third party. If you make a purchase from a merchant on a site linked to on the App, the information obtained during your visit to that merchant’s online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by the merchant. A merchant that offers or sells products or services through the App may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. For more information about a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s site and click on its information links or contact the merchant directly. You agree that neither we nor our affiliates are responsible for any damages that you incur, and you agree not to assert any claims against us or them, arising from your purchase or use of any products or services made available by third parties through the App.

7. DISCLAIMER OF WARRANTIES

THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE APP ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

WE DO NOT WARRANT THAT THE APP OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS APP, INCLUDING MESSAGE BOARDS, OR THE SERVERS THAT MAKE THE APP AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  WE EXPRESSLY DISCLAIM LIABILITY FOR ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS, OR ALTERATION, OR ANY OTHER PROBLEM OR FAILURE ASSOCIATED WITH THE APP, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. EACH USER SPECIFICALLY ACKNOWLEDGES THAT WE ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER THIRD PARTIES, SUBSCRIBERS, MEMBERS OR OTHER USERS OF INTERACTIVE FEATURES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH EACH USER.

WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE CORRECTNESS, ACCURACY, TIMELINESS, OR RELIABILITY OF THIS APP OR THIRD-PARTY SITES. USE OF ANY INFORMATION ON THE APP OR THIRD-PARTY SITES IS AT THE USER’S OWN RISK. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY RELIANCE ON INFORMATION OBTAINED THROUGH THE APP.

YOU MUST PROVIDE AND ARE SOLELY RESPONSIBLE FOR ALL HARDWARE AND/OR SOFTWARE NECESSARY TO ACCESS AND USE THE APP. YOU ASSUME THE ENTIRE COST OF AND RESPONSIBILITY FOR ANY DAMAGE TO, AND ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION OF, THAT HARDWARE AND/OR SOFTWARE.

SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, WE SHALL BE DEEMED TO HAVE WAIVED ALL WARRANTIES TO THE GREATEST EXTENT AVAILABLE UNDER SUCH STATE LAW.

8. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE APP, INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE APP, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU IN WHOLE OR IN PART. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY COMPANIES OR AFFILIATES IS LIMITED TO THE GREATEST EXTENT THAT IT CAN BE LIMITED UNDER SUCH STATE LAW.

IN NO EVENT WILL WE OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE APP OR RELATED ONLINE SERVICES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE INTERACTIVE FEATURES, OR OUR OF THE BREACH OF ANY WARRANTY. IF YOU ARE DISSATISFIED WITH THE APP, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE APP, OR WITH ANY OF THE APP’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE APP.

9. Indemnification

You agree to defend (at AARP’s option), indemnify, and hold AARP harmless from and against any and all liabilities, claims, damages, costs, and expenses, including attorneys’ fees and costs, arising from or related to your misuse of the App or any breach by you of these Terms.  We reserve the right, at our expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with us if and as requested by us in the defense and settlement of such matter. In any case, you agree never to settle any matter for which your indemnification is required absent our prior written consent.

10. Dispute Resolution

By using the App, you and AARP agree that, if there is any controversy, claim, action, or dispute arising out of or related to your use of the App or the breach, enforcement, interpretation, or validity of these Terms or any part of them (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party thirty (30) days in which to respond to or settle the Dispute. Notice shall be sent to:

  • Notice to AARP: You must send notice by first-class or certified mail to AARP, Attn: Office of the General Counsel, 601 E Street, NW Washington, DC 20049.

  • Notice to You: We will send notice by (1) first class or certified mail to the physical address we have on file for you (if any) and (2) by electronic mail to the email address we have on file for you (if any). If we do not have a physical or email address on file for you, or if we are, for any reason, unable to provide notice via the contact information on file, we reserve the right to provide notice by such means as we deem reasonable.

Both you and AARP agree that this Dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party.

11. Choice of Law & Forum

These Terms have been made in and shall be construed in accordance with the laws of the United states (including, as applicable, federal arbitration law) and the District of Columbia, without giving effect to any conflict of laws principles. You agree all claims or actions shall be resolved by a court located in the District of Columbia and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

You and AARP acknowledge that these Terms evidence a transaction involving interstate commerce. Any arbitration conducted pursuant to these Terms shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16).

12. Modification & Termination

We reserve the right to modify these Terms at any time. When we do so, we will update the “Effective Date” above. In our sole discretion, we may also provide notice of updates to these Terms by additional means, such as emails to users on file or postings on the App. With or without any such additional notice, by continuing to use the App after we post any revisions to these Terms and update the “Effective Date,” you accept these Terms, as modified.

We shall have the right to immediately terminate these Terms with respect to any user which we, in our sole discretion, consider to be using the App in an unacceptable manner, which includes any breach by you of these Terms. The following provisions shall survive the termination of these Terms: Section 3 (excluding the license granted to you) 6, 7, 8, 9, 10, 11, 12, and 13, and  any other provisions of these Terms that, either explicitly or by their nature, must remain in effect even after termination of these Terms.

We also may change, restrict access to, suspend or discontinue the App, or any portion of the App, at any time and at our sole discretion, with or without notice. You understand, acknowledge and agree that AARP will not be liable to you or to any third party for any such termination, modification, suspension or discontinuance of the Site.

13. Miscellaneous

(A) Interpretation. In these Terms, the words “include,” “includes,” and “including” are used in an illustrative sense and shall not limit the generality of the language preceding such term. Titles and headings to sections herein are inserted for the convenience of reference only and are not intended to be a part of or to affect the meaning or interpretation of these Terms. Any limited or specific disclaimers or limitations of liability found in these Terms shall not limit the effect, forth, or breadth of any more general disclaimers or limitations of liability in these Terms.

(B) No waiver. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to a subsequent or similar breach or breaches. If AARP does not exercise or enforce any legal right or remedy which is contained in these Terms (or which AARP has the benefit of under any applicable law or regulation), such action or inaction shall not be taken to be a formal waiver of AARP’s rights, and all such rights or remedies shall still be available to AARP.

(C) Severability. If any provision of these Terms is held to be invalid by a court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

(D) Entire Agreement. These Terms set forth the entire understanding and agreement between us with respect to your use of the App.

(E) Assignment. You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms without our express prior written consent.  We may assign, transfer, or sublicense any or all of our rights or obligations under these Terms without restriction.

(F) No Relationship. These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and AARP.

(G) Notice to California Residents. You may reach AARP at the contact information provided below in Section 14. California residents may also reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

14. Contact Us

If you have any questions, comments or concerns about these Terms, please contact us at:

 

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