MileUp™ Mobile Application
Terms of Service
Last Updated: January 13, 2017
Welcome to MileUp! MileUp is a driving rewards program operated by Agero Customer Services, Inc. (“Agero”) through the MileUp mobile phone application (the “Application”). MileUp allows enrolled members (“Members”) to earn rewards points (“Points”) by driving, and through other promotions and offers. Members may redeem the Points they earn in exchange for gift cards from participating retail and service companies (“Merchants”), or where applicable, and subject to eligibility requirements under the Official Rules (defined below), for entries in sweepstakes or other contests or promotions offered by Agero (“Sweepstakes”). Please read these Terms of Service carefully before installing or using the Application. These Terms of Service (“Terms”) apply to your use of the Application. The terms “we,” “our,” and “us” in these Terms of Service refer to Agero.
There is no cost to participate in MileUp. However, to be eligible to earn Points, you must have your mobile phone (“Device”) in your vehicle, powered on with the Application fully enabled at all times while driving; Location Services and Motion and Fitness activity must be activated with notifications allowed for the Application to be fully enabled. Only miles driven in the U.S. with active cell coverage will be eligible for earning Points.
Please note that the Application operates in the background, which may have an impact on the length of your Device’s battery charge. YOU ARE NOT REQUIRED AND AGERO STRONGLY DISCOURAGES YOU TO ACCESS OR INTERACT WITH THE APPLICATION WHILE DRIVING.
Your download or use of the Application shall be conclusively deemed acceptance of these Terms. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE UNINSTALL OR DO NOT REGISTER WITH THE APPLICATION.
These Terms are between you and us only and not any third party mobile device manufacturer or application distributor (such as Apple or Google) (“Vendor”). We, not Vendor, are solely responsible for the Application and its content. Although Vendor is not a party to these Terms, Vendor is a third party beneficiary of these Terms, and, therefore, has the right (and shall be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary.
Who is Eligible
To be eligible to earn Points, you must be at least 18 years old and have residence in the continental United States. MileUp is intended to only reward passenger vehicle drivers driving in the continental United States; long-haul drivers are not eligible to become a Member. Any Sweepstakes offered by Agero in connection with the Application will include additional eligibility requirements and terms and conditions provided for in the Official Rules of the Sweepstakes (“Official Rules”). Your participation in any Sweepstakes shall be governed by those Official Rules.
Representations and Warranties
By using the Application, you agree to comply with the terms and conditions of these Terms, including providing information that can be relied upon by Agero, such as your name, email address, and mobile phone number.
By using the Application, you agree that:
- You are at least 18 years old and are a resident of the continental United States.
- You will not use the Application for long haul driving for commercial purposes.
- You will not use the Application to cause nuisance, annoyance or inconvenience.
- You will only use the Application for lawful purposes; you will not use the Application for sending or storing any unlawful material or for fraudulent purposes.
- The information you provided during enrollment and throughout your interactions with Agero is and will be true and accurate. You agree to update your enrollment information as necessary to maintain its truth and accuracy. Agero may verify the information you have provided and refuse your use of the Application without providing reason to you.
- You will not impair the proper operation of the network, platform or Application.
- You will use the Application solely for your own personal use and not for commercial purposes, and will not resell any of the services accessed through the use of the Application to a third party.
- You will use the Application only on Vendor Devices that are currently running on an authorized version of the operating software for such Device; and as permitted by, and in accordance with, the usage rules set forth in the terms and conditions made available in the App Distribution Site.
- You will not post, publish, transmit, reproduce, distribute, reverse engineer or in any way exploit any information, software or other material obtained through the Application for commercial purposes.
- You will not upload, post, publish, transmit reproduce or distribute in any way, information, software or other material obtained through the Application which is protected by copyright or other proprietary right or derivative works with respect thereto, without obtaining permission of the respective owner thereof, or which otherwise violates or infringes the rights of others, including, without limitation, patent, trademark, copyright, or other proprietary rights.
Agero reserves the right to immediately terminate this agreement and your use of the Application should you not comply with the Terms.
How Do I Earn Points?
Members may earn Points in various ways, as defined in the Application, which may include the following, all of which is subject to change without notice at the sole discretion of Agero:
- Joining and successfully completing challenges presented to you through the Application.
- Inviting friends via social media who become verified Members.
- Reporting through the Application with either a photo of an official police report or insurance claim when you are the driver involved in an Eligible Motor Vehicle Accident. “Eligible Motor Vehicle Accident” is defined as: (1) a motor vehicle accident which occurred when you are the driver of the vehicle, (2) the Application was preinstalled and you were signed into your MileUp account, (3) your phone was turned on and in the vehicle at the time of the accident, (4) location services and motion activity were allowed and enabled, (5) the severity of the accident required a tow or involved air bag deployment; and (6) Agero must be able to verify the truth and accuracy of your police or insurance claim report.
- Giving Agero permission or access to your claims history (through your Comprehensive Loss Underwriting Exchange Report) for driver score development may earn you.
Availability of Points; How Can I Use Points?
Points become available for you to redeem within 48 hours of Points being earned by you in one of the ways described above.
In order to be eligible to redeem Points, you must have a minimum of $5 value of Points in your MileUp account. Points do not have a fixed value. The rate of redemption is not fixed and is subject to change at the discretion of Agero.
You may use Points to obtain gift cards offered by certain participating Merchants through the Application. Gift cards will be issued directly by the Merchant, not Agero. The applicable Merchant will establish all terms and conditions applicable to the gift card and bears full responsibility for all matters related to the gift card, including fulfillment. When you use Points to obtain a gift card(s), the Points will be permanently and immediately deducted from your MileUp account.
When Do My Points Expire?
Points expire on December 31, 2017. If you or we terminate your MileUp account or if the MileUp program is terminated or otherwise modified, your Points may be cancelled before they expire. You may not use expired Points.
Merchants Terms and Conditions
You agree and acknowledge that each gift card redeemed is subject to additional terms and conditions issued by the applicable Merchant. In the event of a conflict between these terms and the Merchant terms governing a gift card, the Merchant terms will prevail solely with respect to the purchase, issuance, redemption, and other use or exploitation of the gift card. You are solely responsible for reviewing any and all applicable Merchant terms prior to purchasing the gift cards from the Merchant.
Points have no cash value. Points are not your property. Points are issued without separate payment or other consideration by you, and exist at the sole discretion of Agero as part of the MileUp rewards program. Points cannot be purchased, cannot be redeemed for cash or any other monetary value or currency, and cannot be used to pay any credit card or other credit device. Points may not be assigned, transferred or pledged to any third party. Points may not be transferred by operation of law, such as by inheritance, in bankruptcy or in connection with a divorce or other legal assignment.
Intellectual Property Rights
Agero (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Application. The Agero corporate name and logo, and the product names associated with the Application are trademarks of an affiliate of Agero or third parties, and no right or license is granted to use, copy, modify, or distribute them.
Licenses Granted by Agero
Subject to your compliance with these Terms, Agero hereby grants you a limited, non-exclusive, non-transferable, revocable license to download, install and use the Application, solely for your personal and non-commercial purposes to participate in the MileUp rewards program. You have no right to sublicense these license rights. This agreement is not a sale and does not convey to you any rights of ownership in or related to the Application, or any intellectual property rights owned by Agero. All rights not expressly granted to you are reserved by Agero, its affiliates and its licensors.
Except for the limited permission in the preceding paragraph, no express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights are granted by these Terms.
You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Application in any way; (ii) modify or make derivative works based upon the Application; (iii) create Internet “links” to the Application; (iv) reverse engineer or access the Application in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Application, or (c) copy any ideas, features, functions or graphics of the Application, or (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Application.
You shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Application or the data contained therein; or (v) attempt to gain unauthorized access to the Application or its related systems or networks.
You are advised that Agero will enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution, injunctive relief or other equitable remedies.
License Granted by User
Materials that you submit to us, including any feedback, data, questions, comments, suggestions, in any form or media, which may be submitted via the Application, telephone, text messaging, email, regular mail, or otherwise (collectively, “Member Content”), may be treated by Agero as non-confidential and non-proprietary to you. By submitting the Member Content, you grant Agero a worldwide, irrevocable, perpetual, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such Member Content.
SMS Text Messaging
By providing your mobile phone number in your registration of the Application, you (i) consent to Agero’s use of this number for sending communications to you via SMS text messaging (including communications sent by automated equipment), including, without limitation, text messages to provide you with information related to your use of the Application, how to earn and redeem Points, available rewards and expiration dates for such rewards, solicitation of feedback, or outreach regarding your report of an motor vehicle accident; (ii) acknowledge that standard messaging and data charges will apply, (iii) represent that the mobile number is your own mobile telephone number; and (iv) acknowledge that your consent to the foregoing is not a condition to purchase any goods and/or services from Agero.
Agero reserves the right to cancel the notification service at any time; you may cancel (opt-out) of the SMS text messaging notification service by replying to a MileUp text message with a text message containing the word STOP.
Third Party Services; Third Party Sites
Use of the Application requires use of hardware, software, services, and applications that were not developed by Agero and that are not under the control of Agero, such as your Device, mobile network provided by your wireless service provider, your Device’s operating system, browser, email and SMS programs, dialer and other applications. Agero cannot assure you that such third party hardware, software, services and applications will function correctly with the Application and expressly disclaims any liability related to the involvement and interaction with such third party hardware, software, services and applications. You must comply with all third party terms of agreement when using the Application.
Agero may provide tools through the Application that enable you to export information, including Member Content, to third party services, including through features that allow you to link your MileUp account with an account on a third party service, such as Facebook, Twitter or Instagram or through our implementation of third party buttons (such as “like”, “share” or “invite” buttons). By using these tools, you agree that we may transfer such information to the applicable third-party service. Such third party services are not under our control, and we are not responsible for their use of your exported information. The Application may also contain links to third-party websites, including the websites of participating Merchants. Such linked websites are not under our control, and we are not responsible for their content.
Fees, Costs and Other Expenses
Use of the Application requires the use of a data network operated by your wireless service provider to send data from your Device to Agero, and to send information back to you. You are responsible for your own connectivity to the Application, at your own cost and expense. Depending on your method of access and/or data plan, you may incur charges from your wireless service provider for use of their network and/or for specific services such as making phone calls, sending or receiving text messages and/or emails or other services.
You are solely responsible for any and all costs you incur as a result of your usage of the Application.
Absence of Maintenance and Support
The Application is provided to you for free, and as such we do not provide any maintenance or support for the Application. To the extent that any maintenance or support is required by applicable law, we, not Vendor, shall be obligated to furnish any such maintenance or support.
Disclaimer of Warranties
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION AND ALL MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS AND SERVICES ON THE APPLICATION ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND AGERO HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLICATION AND ALL MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS AND SERVICES ON THE APPLICATION, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AGERO OR AN AGERO AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE APPLICATION OR ANY MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS AND SERVICES ON THE APPLICATION PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WITHOUT LIMITATION, AGERO MAKES NO WARRANTY OR GUARANTEE THAT THE APPLICATION OR ANY MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS AND SERVICES ON THE APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. TO THE EXTENT ANY WARRANTY EXISTS UNDER LAW THAT CANNOT BE DISCLAIMED, WE, AND NOT VENDOR, SHALL BE SOLELY RESPONSIBLE FOR SUCH WARRANTY.
Limitation on Liability
YOU MUST COMPLY WITH FEDERAL AND STATE AND LOCAL LAWS REGARDING THE USE OF DEVICES, INCLUDING SMARTPHONES AND OTHER MOBILE DEVICES, WHILE DRIVING OR PERFORMING ANY OTHER ACTIVITY THAT REQUIRES CAREFUL ATTENTION. YOU EXPRESSLY ASSUME ALL RISKS RELATING TO YOUR USE OF THE APPLICATION. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL AGERO BE LIABLE FOR ANY DAMAGES RESULTING FROM YOUR USE OF THE APPLICATION, INCLUDING PROPERTY DAMAGE, PERSONAL INJURY OR DEATH OF YOU OR OTHERS; CLAIMS BASED ON THE VIOLATION OF ANY APPLICABLE LAW, RULE, OR REGULATION; OR YOUR NEGLIGENCE OR OTHER TORT LIABILITY.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL AGERO BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION OR ANY MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS AND SERVICES ON THE APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF AGERO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL AGERO’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW) EXCEED THE AMOUNT OF FIVE DOLLARS ($5.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
Notwithstanding the foregoing disclaimers and limitations of liability, to the extent we are required to provide indemnification by applicable law, we, not Vendor, shall be responsible for the investigation, defense, settlement and discharge of any claim that the Application or your use of it infringes any third party intellectual property right. Additionally, we not Vendor are responsible for addressing any claims by you relating to the Application or use of it, including, but not limited to: (i) any product liability claim; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation. Nothing in these Terms shall be deemed an admission that you may have any such claims.
Some local laws may prohibit a person from using a hand held mobile device while driving. You are not required to access or interact with the Application while operating a motor vehicle in order to receive Points. Once enabled, the Application operates in the background. Agero strongly discourages any interaction with the Application while operating a motor vehicle.
By entering into this agreement and using the Application, you agree that you shall defend, indemnify and hold Agero, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) your violation or breach of these Terms or any applicable law or regulation, whether or not referenced herein; or (b) your use or misuse of the Application. Changes to these Terms
Please note that Agero will periodically make changes to these Terms and we reserve the right to change these Terms at any time. Agero will alert you that changes have been made by indicating at the top of these Terms the date they were last updated. It is your responsibility to review these Terms frequently and remain informed about any changes to them, so we encourage you to visit these Terms often. These Terms take precedence over any previous terms that we have issued related to the Application and your continued use of the Application constitutes your acceptance of any amendments to and the most recent version of these Terms.
Term and Termination
These Terms become effective immediately when you download or use the Application and shall remain in effect until the Application is uninstalled, disabled or your use of the Application is terminated. The Application may be disabled by Agero at any time without notice.
You may terminate your access to the Application at any time. Your failure to comply with these Terms will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession or control. Agero reserves the right to terminate these Terms and your right to use the Application at any time and for any purpose upon notice. Upon termination, your right to use the Application shall cease.
These Terms regarding limits on liability, arbitration and voluntary submissions shall survive the termination of these Terms, and shall remain in effect indefinitely.
Use by U.S. Government
The Application and all materials, software and content on the Application are provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in applicable laws and regulations. Use of the Application and all materials, software and content on the Application by the U.S. Government constitutes acknowledgment of Agero’s proprietary rights in them.
U.S. Legal Compliance
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Governing embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
AGERO’S SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. AGERO IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
Except as expressly provided otherwise, the Agreement will be governed by, and will be construed under, the laws of the Commonwealth of Massachusetts, without regard to choice of law principals.
You and Agero agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Application (collectively, “Disputes”) will be settled by binding, non-appealable, arbitration, except that each party retains the right to bring an individual action in small claims court in order to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights, or to compel arbitration.
You acknowledge and agree that you and Agero are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of this agreement.
Arbitration Rules. The arbitration will be administered by the American Arbitration Association (the “Association”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “Arbitration Rules”) then in effect, except as modified by this “Dispute Resolution” section. The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the Arbitration Rules. The arbitration will be conducted in Boston, Massachusetts by a single arbitrator, who is knowledgeable in consumer disputes, is either a retired judge or an attorney licensed to practice law and who will be selected by the mutual agreement of the parties from the Association’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the Association will appoint the arbitrator in accordance with the Arbitration Rules. Unless you and Agero otherwise agree, the arbitration will be conducted in the county where you reside.
Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the Arbitration Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with the terms of this agreement.
Fees. Your responsibility to pay any filing, administrative and arbitrator fees will be solely as set forth in the Arbitration Rules. Each party shall bear its own costs and expenses, and only the prevailing party shall be entitled to an award of reasonable attorney’s fees.
Changes. Notwithstanding the provisions of the modification-related provisions above, if Agero changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of Agero’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Agero in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
Questions or Comments
Should you have any questions, comments, complaints or claims relating to the Application or these Terms, please contact us at MileUp, One Cabot Road, Medford, MA 02155, Attention: General Counsel; or by email: email@example.com.
MileUp and the MileUp logo are trademarks of Agero, Inc.
Agero Customer Services, Inc., is a subsidiary of Agero, Inc.
©2017 Agero, Inc. All rights reserved.