American Family Mutual Insurance Company, S.I. MilesMyWay Terms & Conditions

Welcome to MilesMyWay, a mileage-based auto insurance program (“Program”) designed and administered by American Family Mutual Insurance Company, S.I. (“American Family”). This document contains important information about your rights, benefits, costs and limitations under the Program. You should read it carefully before deciding to participate because your participation in the Program means that you accept the Terms & Conditions. We may modify the Terms & Conditions at any time at our discretion and your continued participation in the Program means that you accept those changes. You can always view the most current version of the Terms & Conditions document on our website.

Program Overview

Your participation in the Program allows you to earn savings on the premium paid for your auto insurance policy based on the mileage driven in your enrolled vehicle(s). The person who owns the policy (“Policyholder”) has the opportunity to earn savings by participating in the Program. The opportunity to earn savings is up to a preestablished maximum number of miles driven after which your premium will increase for additional mileage driven based on our filed rules and rates in the state where your policy is issued.*

You will take a picture of the odometer associated with the insured vehicle at the beginning of the initial term and at the end of that and each term thereafter. You will then upload those pictures to a URL so that the mileage driven during the policy term can be determined. It is your responsibility to maintain a data plan sufficient to allow for this usage and American Family is not responsible for any data charges (including overage charges) associated with the uploading of your odometer pictures.

Eligibility & Program Requirements

The following are necessary to participate in the Program:

• You must be an operator on an auto insurance policy issued or bound by American Family or one of its participating subsidiaries (“Policy”). By enrolling in the Program, you attest that you are an operator under the Policy.**
• All vehicles enrolled in the Program must carry Bodily Injury and Property Damage (BI/PD) coverage.**
• You must upload the initial odometer picture for each vehicle enrolled in the program within 10 days of enrollment or your participation in the Program and at the end of each policy term thereafter or your participation may be terminated.
• You must have a compatible smartphone with an adequate data and coverage plan to take and send the required pictures .
• Your enrolled vehicles must remain in the Program throughout an entire evaluation period (“Evaluation Period”) in order to be eligible for earned savings during that period. “Evaluation Period” shall be defined as the initial policy term that you enroll in.

Appropriate permissions must be given within your smart phone web-browser to allow the transmission of odometer pictures to the Program’s web-app.

Calculation of Earned Savings

• Vehicles enrolled in the Program will be eligible for an introductory savings to be applied to the Policyholder’s billing account for the Evaluation Period after which such introductory savings will terminate.
• After the Evaluation Period, customers will be eligible to earn savings based on the rated mileage from the Evaluation Period for the first renewal and for each renewal after that the savings will be based on the rated mileage from the prior policy term.
• The Policyholder will earn savings when the rated mileage during the Evaluation Period and thereafter for each applicable policy term is less than a preestablished maximum.
• After a preestablished maximum number of miles driven, your premium will increase for additional mileage driven based on our filed rules and rates in the state where your policy is issued.
• Rated mileage is the difference between the odometer reading at the end of the policy term and the odometer reading at the beginning of a policy term initially and thereafter, the difference between the odometer reading at the end of a policy term and the odometer reading at the end of the previous policy term.
• An enrolled vehicle’s premium does not vary throughout the Policy term; however, the savings may vary from term to term depending on the difference between the rated mileage and the maximum mileage for each policy term.
• A vehicle must remain enrolled in the Program throughout the entire Evaluation Period and policy terms thereafter in order to earn savings based on rated mileage. An incomplete Evaluation Period or policy term will not be pro-rated to calculate savings after unenrollment from the program.
• Any coverage changes you make to your Policy may impact an enrolled vehicle’s premium for the term, depending on whether a premium is charged for that coverage.
• A vehicle enrolled in the Program will continue to use rated mileage to determine earned savings at each renewal unless the customer has withdrawn from the Program, the Policy has become ineligible, or the Program is ended by American Family.
• Any calculation or adjustment of the applicable vehicle premium will be subject to the rule, rate, and form filings in the state where the Policy is issued, as well as applicable state regulations.

Participant Agreements

By participating in the Program, each user acknowledges and agrees to the following:

1. That American Family or its licensors retains all of its intellectual property rights in the Program, and no rights, title, or interest in it are transferred to you.
2. That you (i) are solely responsible for your data and all driving activity; (ii) must use commercially reasonable efforts to prevent unauthorized access to your account, and notify American Family promptly of any such unauthorized access; and (iii) may use the Program only in accordance with these Terms and Conditions and applicable law.
3. That you (i) may not reverse engineer the Program or use it in a service provider capacity, (ii) may not use the Program to store or transmit infringing, libelous, or otherwise objectionable, unlawful or tortious material, or to store or transmit material in violation of third-party rights; (iii) may not interfere with or disrupt the integrity or performance of the Program; (iv) may not attempt to gain unauthorized access to the American Family’s systems or networks; and (v) may not access any aspect of the Program, to build a competitive service or product, or copy any feature, function or graphic for competitive purposes.
4. That American Family disclaims any warranties for all warranties not expressly provided, including the implied warranties of merchantability, title, and fitness for a particular purpose.
5. That American Family are not liable to you for any indirect, consequential, incidental or special damages (including, without limitation, lost profits and loss or destruction of data) arising out of the use of the Program features, regardless of the theory of liability (including negligence and strict liability).
6. Upon termination of agreement between American Family and you, you may no longer access or use the Program’s services.
7. That in the event that the customer has withdrawn from the Program, the Policy, individual or vehicle has become ineligible, or the Program is ended by American Family you acknowledge that there is no monetary value in the lost Program participation and nothing is due to you from American Family or any of its participating subsidiaries.
8. That you agree to comply with applicable export control laws.
9. That Program participation may be suspended for your violation of law.
10. That this agreement may be terminated by American Family for your material breach of the agreement.
11. That a breach of this agreement by you, or a violation of the intellectual property rights granted in this agreement, may cause irreparable harm and American Family may seek an injunction against you to avoid any future breach.
12. That you have no right to, will not, and will not allow others to: (a) reverse engineer, decompile, alter, duplicate, translate, make copies of, or create derivative works from the Program; or (b) remove, alter, cover or obfuscate any proprietary rights or notices placed or embedded by American Family except to the extent allowed under applicable law. If applicable law permits such activities, any information discovered as a result of these activities must be promptly disclosed to us.
13. These Terms & Conditions do not give you any rights against American Family as a result of any smartphone or vehicle issues, including but not limited to, crash, break down, failure, defect, flaw, collapse, impairment, or glitch.
14. That your enrollment in the Program may negatively impact the premium you pay due to changes in your rating characteristics and differences in eligibility. These may include, but are not limited to, the loss of certain discounts and, or changes to prior insurance carrier rating.
15. That the Program is American Family’s confidential information, and end user may not disclose such confidential information.
16. That you warrant that the pictures you upload into the Program are of the odometer in the insured vehicle and that the information provided about the mileage is accurate for the date indicated. If the entered number is different than the picture, the picture will control.

Data Collection and Use

Data related to your reported rated mileage and participation in the Program will be gathered and may be used for analysis and future research. By participating in the Program, you acknowledge American Family's right to use the data and information as described in these Terms & Conditions and agree: (1) to allow American Family to access, use, and retain your information and data provided through the Program; (2) that American Family may retain the collected data indefinitely (subject to applicable law); and (3) American Family has the right to start collecting data as soon as you enroll and to continue collecting data for as long as the Program continues and you are enrolled; and (4) American Family may disclose information it collects about you to the named insured if you are listed as a driver on their Policy.

Privacy

American Family recognizes the importance of our customers' trust. Keeping our customers’ personal information confidential is a top priority for all American Family employees, agents and staff. Our privacy policy can be viewed at https://www.amfam.com/privacy-security

We will protect the data collected. However, the collected data may be deemed discoverable for an accident investigation or litigation purposes and therefore, American Family and/or you may be legally required to provide the data to others. Other than the above-mentioned situations, and unless otherwise required by law, American Family will not disclose or use data obtained through the Program to evaluate or resolve claims without your consent.

Term and Termination

These Terms & Conditions are effective upon enrollment and terminate on the earliest of your request to withdraw the Policy from the Program, termination of your Policy from the Program by American Family, or upon our termination of the Program. If all operators listed on the Policy stop participating in the Program for any reason, including if the Program is discontinued, mileage will no longer be collected and earned savings will no longer accrue.*

Participation in the Program is voluntary and you or any operators listed on the Policy can withdraw from participation at any time. However, prior participation in the Program does not guarantee the opportunity to enroll in the future. If American Family determines that you or any operators listed on the Policy are not complying with these Terms & Conditions, American Family may, in its sole discretion, immediately terminate the Policy’s participation in the Program and may restrict your ability to re-enroll. Further, noncompliance with these Terms & Conditions or discontinued participation may result in the loss of any earned savings and the Policyholder may lose eligibility to re-enroll in the Program in the future.*

Disclaimers and Limitations

If the Terms & Conditions of the Program conflict with the laws of the state for which the Policy is issued, the terms will change to conform to those laws. Any disputes to the terms and conditions provided will be governed by the laws of the state shown in the declarations of the Policy.

American Family does not guarantee that enrollment will prevent high risk events, unsafe driving, or collisions, or that other events will be prevented as a result of your enrollment in the Program.