You have opted to participate in the Connected Building 360 Services Program (the “Program”). The Program allows State Auto to adjust your insurance premium based on your using a device and hub to monitor various conditions within the premises such as water, temperature, humidity, doors opening and closing, and other conditions. For purposes of this Agreement, the hub and sensors will be referred to as the “Device,” the smartphone app will be referred to as the “App,” and the monitoring and related data is considered “Services.” The Device and App collect certain data from your business and premises. This Agreement sets out the terms under which we may use the data collected and how that data affects your insurance premium.
These Connected Building 360 Services Program terms and conditions (“Agreement”) apply to your voluntary participation in State Auto’s (meaning State Automobile Mutual Insurance Company and its affiliated property casualty insurers hereinafter “State Auto” or “we”) Commercial Building 360 Services Program. This Agreement is between you, as the owner or lessee of the location(s) insured by State Auto and includes all individuals who you permit to operate your locations(s) and those who access the services offered under the Program (collectively “you” or “your”) and State Auto. The Agreement applies to the Program and State Auto’s future usage of the “Data” as defined below.
Please read this Agreement carefully because it creates legal obligations for you. If you don’t understand or agree to these legal obligations, do not install the Device or download the App. By accepting this Agreement you acknowledge that you have the full right and authority to accept the terms of this Agreement on behalf of all other named insureds on the policy and the owner(s) or lessee(s) of the participating locations. Please read it carefully.
To be eligible to participate in the Program you must:
2. How We Will Apply Your State Auto Commercial Smart Building Discount
Depending on the laws governing your state, if you fulfill all the eligibility criteria, you may receive a Connected Building 360 Services Program participation discount for the first and subsequent policy term(s) on your participating premises. State Auto does not guarantee that the Device or App or their use will prevent high risk events, covered or not covered, by your State Auto insurance policy or that any such events will be recorded.
3. Terminating Your Enrollment in the Program
You may end your enrollment in the Program at any time. By doing so, you may not be entitled to any of the benefits or available discounts. You can terminate your enrollment by disconnecting the Device or App. We may terminate the Program or your enrollment in the Program at any time. If we do so, you will no longer be entitled to any of the benefits or available discounts.
4. Privacy And Data
Data Collection. The type of data collected by the Device or App shall include, but is not limited to, the following (“Data”):
Use of Data. State Auto will use the Data to determine if you are eligible for a discount under the Program dependent on the laws governing your state. The Data will be used to derive additional data. The Data will be used by State Auto and its third party service providers to perform the Services, which includes research and development. Third party service providers engaged by State Auto to perform the Services will change from time to time. State Auto is under no obligation to advise you of said changes.
Use of Data within Claims. You agree any Data collected may be used in connection with any insurance claim, lawsuit, legal action, judicial proceeding, arbitration, mediation, other action or threat of action, or allegation related in any way to the insurance coverage provided by your State Auto policy.
Sharing and Disclosures. State Auto will share the Data with its subsidiaries, affiliates, and third party service providers who assist us in managing the Program and in processing and analyzing the Data. We also may share the Data in an aggregated and anonymous form with state insurance departments, the National Association of Insurance Commissioners, or other government agencies to support applications for new ways to rate or underwrite insurance. We may share Data in connection with a complaint investigation, litigation, market conduct, regulatory review, or in response to an inquiry from a state insurance department, law enforcement or government authority. State Auto and its third party service providers may share, sell and use the Data collected when it is in an aggregated and anonymized form for any purpose. For purposes of this Section, “Data” includes all information related to your policy, premises, and any losses or claims.
Required Disclosures. We may also provide the Data to a third party when, at our discretion, circumstances require disclosure. For example: (a) when a subpoena, warrant, order or other formal request issued by a court, person or body with jurisdiction compels the production of Data; or (b) when we believe in good faith that a law, regulation or rule requires us to do so; or (c) when the Data is needed to address an emergency that threatens the life, health or security of an identifiable person. You should not expect to retain any level of Data privacy or confidentiality.
Storage, Retention and Protection. Data will be retained in accordance with established security and records management policies. The confidentiality, security and integrity of the Data will be protected through reasonable physical, administrative and technical safeguards. Some Data may be stored on computer servers located outside the U.S.
5. Program Changes
We may change these Terms at any time by posting a revised version on our website or in the App at any time. You should regularly check for changes we make to this these Terms. If you don’t agree to them, you should immediately terminate your enrollment in the Program.
You must provide us with a valid email address and agree to receive communications related to the Connected Building 360 Services Program by electronic means. You may, at any time, request to withdraw your consent to receive such communications by electronic means. Your request to withdraw prior consent will result in the withdrawal of your all discounts and terminate enrollment in the Connected Building 360 Services Program. You may request to withdraw consent by visiting our service website and removing your email address from your account, or by contacting us by phone. If you wish to contact us, you may contact our Call Center by clicking the ‘Contact Us’ link in the email we sent you or by visiting www.StateAuto.com to obtain the correct contact information. If you change your email address while the Program is in effect, you must promptly provide us with the new address. In the event of your failure to maintain a valid email address and any resulting inability to deliver communications to you via email, we will presume you have withdrawn consent to receive communications by electronic means and will remove your discount and terminate your enrollment in the Connected Building 360 Services Program.
7. Disclaimer of Warranties
YOU ACKNOWLEDGE AND AGREE THAT YOUR PARTICIPATION IN THE PROGRAM AND USE OF THE DEVICE ARE AT YOUR SOLE RISK AND THE ENTIRE RISK AS TO SATISFY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING ANY MATTER WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, THE SUITABILITY OF THE DEVICE, APP OR SERVICES, THEIR CONDITION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM INFRINGEMENT OF THIRD-PARTY RIGHTS, OR OTHERWISE. WE PROVIDE THE DEVICE, APP AND ANY SERVICES PERFORMED OR PROVIDED UNDER THE PROGRAM “AS IS,” “WHERE IS,” AND “WITH ALL FAULTS.” STATE AUTO DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE DEVICE, APP OR SERVICES, THAT THE PROGRAM WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE DEVICE, APP OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE DEVICE, APP OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY STATE AUTO OR ITS THIRD PARTY SERVICE PROVIDERS SHALL CREATE A WARRANTY.
8. Limitation of Liability
AS A CONDITION PRECEDENT TO YOUR PARTICIPATION IN THIS PROGRAM AND IN CONSIDERATION OF THE USE OF THE DEVICE OR APP AND PREMIUM BENEFITS FOR WHICH YOU MAY BE ELIGIBLE, YOU AGREE STATE AUTO AND ANY OF ITS THIRD PARTY SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE TO YOU OR OTHERS CAUSED BY THE FAILURE OF THE DEVICE, APP OR SERVICES TO FUNCTION OR FUNCTION AS DESIRED. WE WILL BE RESPONSIBLE FOR DIRECT PHYSICAL DAMAGE LEGALLY CAUSED TO YOUR PARTICIPATING PREMISES BY THE DEVICE AS LIMITED BELOW. WE WILL NOT BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS AND LOSS OR DESTRUCTION OF DATA) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. YOU EXPRESSLY AGREE STATE AUTO’S AND ITS THIRD PARTY SERVICE PROVIDERS’ MAXIMUM COMBINED LIABILITY FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, HOWEVER CAUSED, WHETHER BASED ON CONTRACT OR TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE, STRICT LIABILITY, OR PRODUCTS LIABILITY) SHALL NOT EXCEED ONE THOUSAND DOLLARS ($1,000.00) PER PARTICIPATING PREMISES .
This Agreement represents the entire agreement between you and State Auto concerning the Program, and supersedes all prior or contemporaneous agreements and representations between you and State Auto regarding the same subject matter.
If any provision of this Agreement is found unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable and the remaining provisions of this Agreement will not be affected.
This Agreement will be governed by the laws of the State of Ohio. Any action or controversy arising out of or relating to this Agreement shall be brought in the state or federal courts residing in Franklin County, State of Ohio and the local law of Ohio will apply to such action without regard to any conflicts of law principles. Each party irrevocably submits to the jurisdiction of such courts.
You represent and warrant that you are not listed on any U.S. Government list of prohibited or restricted parties, and will comply with applicable software export control laws.
The expiration or termination of this Agreement will not relieve any party that has breached this Agreement from liability for damages resulting from such breach which accrued prior to such expiration or termination. The parties specifically agree that the following sections of the Agreement survive expiration or termination: 4, 7, and 8.