Drive Voya Terms of Service

These Terms of Service (“Terms”) constitute a legally binding agreement (“Agreement”) between you and Drive Voya and separately govern your use of drivevoya.com (the “Website”), our mobile application and all related tools, data, software, APIs and other services provided by Drive Voya (collectively the “Platforms”). Our collection and use of personal information in connection with your access to and use of Drive Voya’s mobile application is described in our Privacy Policy.

1. Redemption Services, Content and Information

Drive Voya provides you the ability to redeem earned SafeMiles™ for goods and services offered by select vendors on the Drive Voya platform(s). The Redemption Services may contain links to third-party websites or resources, which are subject to different terms and conditions and privacy practices. You should review them independently. Drive Voya is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Your access to or use of certain Redemption Services may be subject to, or require you to accept, additional terms and conditions. If there is a conflict between these Redemption Terms and terms and conditions applicable for a specific good or service, the latter terms and conditions will take precedence with respect to your use of or access to that good or service, unless specified otherwise.

Drive Voya also provides you the ability to post and share content on the Drive Voya platforms. You own all of the content and information you post on Drive Voya’s platforms and can control how it is shared through each of your privacy and application settings. By using our platforms however and subject to your privacy and application settings, you grant Drive Voya, a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any and all content, which is covered by intellectual property rights such as photos and videos (IP content) that you post on, or in connection with Drive Voya. This IP License ends when delete your IP content or your account unless your content has been shared with others, and they have not deleted it. When you delete IP content, however, you understand that removed content may persist in backup copies for a reasonable period of time (although it will not be available to others).

2. Modifications

We reserve the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Drive Drive Voya Platforms. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. If you do not terminate your Agreement before the date the revised Terms become effective, your continued use of the Drive Voya platforms will constitute acceptance of the revised Terms.

3. Registration and Account Maintenance

In order to use the Redemption Services, you must have an account in good standing. If you or Drive Voya closes your account for any reason, you will no longer be able to use the Redemption Services, and your SafeMiles will be forfeited.

4. Usage Restrictions and Safety

In connection with your use of Drive Voya’s platforms and related services, you may not, and you agree that you will not and will not assist or enable others to:

  1. Post unauthorized commercial communications (such as spam) on Drive Voya.
  2. Post content that infringes or violates on another person’s intellectual property or otherwise violates someone else’s rights on Drive Voya. If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate. We can remove any content or information you post on Drive Voya if we believe that it violates this Statement or our policies. However, If we remove your content for infringing someone else's intellectual property rights, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
  3. Collect Users' content or information, or otherwise access Drive Voya, using automated means (e.g.harvesting bots, robots, spiders, or scrapers) without our prior permission.
  4. Engage in unlawful multi-level marketing, such as a pyramid scheme, on Drive Voya.
  5. Upload viruses or other malicious code on Drive Voya.
  6. Solicit login information or access an account belonging to someone else.
  7. Bully, intimidate, or harass any user on Drive Voya.
  8. Post content that is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence on Drive Voya.
  9. Develop or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements) without appropriate age-based restrictions.
  10. Use Drive Voya to do anything unlawful, misleading, malicious, or discriminatory.
  11. Do anything that could disable, overburden, or impair the proper working or appearance of Drive Voya, such as a denial of service attack or interference with page rendering or other Facebook functionality.
  12. Breach or circumvent any applicable laws or regulations, agreements with third parties, third-party rights, or our Terms and Policies.
  13. Use the Redemption Services for any commercial or other purposes that are not expressly permitted by these Terms.
  14. Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Drive Voya or any other third party to protect our platform(s).
  15. Take any action that damages or adversely affects, or could damage or adversely affect, the performance or proper functioning of our platform(s).
  16. Violate or infringe anyone else’s rights or otherwise cause harm to anyone.

5. Intellectual Property

You acknowledge and agree that our platforms, including all associated intellectual property rights, are the exclusive property of Drive Voya, and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying our platforms. All trademarks, service marks, logos, trade names, and any other proprietary designations of Drive Voya used in connection with the Redemption Services are trademarks or registered trademarks of Drive Voya in the United States and abroad. Trademarks, service marks, logos, trade names, and any other proprietary designations of third parties used in connection with our services are used for identification purposes only and may be the property of their respective owners.

You agree not to use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit our platforms except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Drive Voya, or its licensors, except for the licenses and rights expressly granted in these Terms.

6. Disclaimers

If you choose to use our platforms to track your driving patterns, to redeem SafeMiles™, to offer third party goods or services, or otherwise, you do so voluntarily and at your sole risk. Our services are provided “as is”, without warranty of any kind, either express or implied. Drive Voya explicitly disclaims all liability for any act or omission of any user, sponsor, or other third party that occurred as a direct and indirect consequence of the use of our platforms. The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.

7. Liability

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of our platforms remains with you. If you permit or authorize another person to use your Drive Voya Account in any way, you are responsible for the actions taken by that person. Neither Drive Voya nor any other party involved in creating, producing, or delivering our services will be liable for any incidental, special, exemplary, or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) from the use of or inability to use our Services, or (iii) from any communications, interactions, or meetings with other users or other persons with whom you communicate, interact, transact, or meet with as a result of your use of the services, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not Drive Voya has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.

8. Indemnification

You agree to release, defend, indemnify, and hold Drive Voya and its affiliates and subsidiaries, and their officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms; (ii) your improper use of our services; or (iii) your breach of any laws, regulations, or third-party rights.

9. Termination, Suspension, and Related Measures

You may terminate this Agreement at any time by cancelling your Drive Voya account. Drive Voya may terminate this Agreement for convenience at any time by giving you thirty (30) days' notice via email to your registered email address. Drive Voya may immediately, without notice terminate this Agreement if (i) you have materially breached your obligations under this Agreement; (ii) you have provided inaccurate, fraudulent, outdated, or incomplete information; (iii) you have violated applicable laws, regulations, or third-party rights; or (iv) Drive Voya believes in good faith that such action is reasonably necessary to protect other users, Drive Voya, or third parties.

In addition, Drive Voya may limit or temporarily or permanently suspend your use of or access to our services (i) to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body, or if (ii) you have breached these Terms, applicable laws, regulations or third-party rights, or (iii) Drive Voya believes in good faith that such action is reasonably necessary to protect the personal safety or property of Drive Voya, its users or third parties, or to prevent fraud or other illegal activity. In case of non-material breaches and where appropriate, you will be given notice of any measure by Drive Voya and an opportunity to resolve the issue to Drive Voya's reasonable satisfaction.

10. Applicable Law and Jurisdiction

These Payments Terms will be interpreted in accordance with the laws of the State of Texas and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the Arbitration Agreement in this Agreement must be brought in state or federal court in Travis County, Texas, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in Travis County, Texas.

11. Dispute Resolution and Arbitration Agreement

You and Drive Voya each agree to notify the other party of any dispute and attempt to negotiate an informal resolution to it first. If after a good faith effort to negotiate any party feels the dispute has not or cannot be resolved informally, you and Drive Voya mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement or interpretation thereof, or to the use of our services (collectively, “Disputes”) will be settled by binding arbitration (the “Arbitration Agreement”) as specified in the AAA rules. If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and Drive Voya Payments agree that the arbitrator will decide that issue. The AAA Rules are available at www.adr.org or by calling the AAA at 1–800–778–7879. You and Drive Voya acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.

Please note however that (i) any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack) are exempt from the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction. You and Drive Voya further acknowledge and agree that we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding as to all Disputes.

In the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.

12. Miscellaneous

Except as they may be supplemented by additional terms and conditions, policies, guidelines, or standards, these Terms constitute the entire Agreement between Drive Voya and you regarding the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Drive Voya and you regarding our Services.

No joint venture, partnership, employment, or agency relationship exists between you or Drive Voya as a result of this Agreement or your use of our Services.

If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.

Drive Voya’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.

You may not assign, transfer, or delegate this Agreement and your rights and obligations hereunder without Drive Voya’s prior written consent. Drive Voya may without restriction assign, transfer, or delegate this Agreement and any rights and obligations, at its sole discretion, with thirty (30) days’ prior notice. Your right to terminate this Agreement at any time remains unaffected.

This Agreement does not, and is not intended to, confer any rights or remedies upon any person other than the parties. Unless specified otherwise, any notices or other communications permitted or required under this Agreement, will be in writing and given by Drive Voya via email, Drive Voya Platform notification, or messaging service.