Please read this Mobile Application End-User License Agreement (“EULA”) carefully before downloading or using the American Transit Insurance Company (“ATIC”) mobile application (“Mobile App”), which allows You to access American Transit
Insurance Company internet-delivered accident reporting service (“Subscription Service”) from Your mobile device. This EULA forms a binding legal agreement between you (and any other entity on whose behalf you accept these terms) (collectively
“You” or “Your”) and ATIC (each separately a “Party” and collectively the “Parties”) as of the date you download the Mobile App. Your use of the Mobile App is subject to this EULA and American Transit Insurance Company’s privacy policies.
1. License. ATIC grants You a revocable, non-exclusive, non-transferable, limited license to download, install, and use the Mobile App for Your personal and internal business purposes strictly in accordance with this EULA.
2. Your Account. Your use of the Mobile App requires that You have an account with ATIC and agree to the terms of the EULA.
3. Changes to this EULA. ATIC reserves the right to modify this EULA at any time and for any reason. If ATIC makes material changes to this EULA, You will receive notification via the Mobile App. Notwithstanding the foregoing, You are responsible for complying with any updated terms. Your continued use of the Mobile App after ATIC publishes notice of changes to this EULA indicates Your consent to the updated terms.
4. No Included Maintenance and Support. ATIC may deploy changes, updates, or enhancements to the Mobile App at any time. ATIC may provide maintenance and support for the Mobile App, but has no obligation whatsoever to furnish such services to You and may terminate such services at any time without notice. You acknowledge that neither Apple (for iOS Mobile App) nor Google (for Android Mobile App) has an obligation to furnish any maintenance or support services in connection with the Mobile App.
5. Acceptable Use. You agree that You will not use or encourage others to use the Mobile App or the Subscription Service as accessed through the Mobile App in a way that could harm or impair others’ use of the Mobile App or the Subscription Service. You also agree not to violate the usage limits or controls set forth by: (a) the App Store Terms of Service, for iOS users accessing the Mobile App on an Apple product, or (b) Google Play Terms of Service for Android users accessing the Mobile App on an Android product.
6. Privacy. In order to operate and provide the Subscription Service and the Mobile App, ATIC may collect certain information about You, including technical and telemetry data related to your use of the Mobile App. We may use third party service providers to help us collect and analyze this data. ATIC uses and protects that information in accordance with the ATIC Privacy Notice (a current version of which can be found here
7. Consent to Electronic Communications and Solicitation. By downloading the Mobile App, You authorize ATIC to send You (including via email and push notifications) information regarding the Subscription Service and the Mobile App, such as: (a) notices about Your use of the Subscription Service and the Mobile App, including notices of violations of use; (b) updates to the Subscription Service and Mobile App and new features or products; and (c) promotional information and materials regarding ATIC’s products and services. You can review Your account notification settings and adjust Your messaging preferences, including opting-in to additional messages or unsubscribing to certain messaging through the device settings of your mobile device.
8. No Warranty. YOUR USE OF THE MOBILE APP IS AT YOUR SOLE RISK. THE MOBILE APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ATIC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
The Mobile App is only available for supported devices and might not work on every device. Determining whether Your device is a supported or compatible device for use of the Mobile App is solely Your responsibility, and downloading the Mobile App is done at Your own risk. ATIC does not represent or warrant that the Mobile App and Your device are compatible or that the Mobile App will work on Your device.
8.1 iOS Application. In the event of ATIC’S failure to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price for the Mobile App. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO (A) THE MOBILE APP, AND (B) ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS, OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY.
8.2 Android Application. GOOGLE EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
9. Suspension and Termination of the Mobile App. ATIC reserves the right to suspend or terminate Your access to the Mobile App at any time based on the status of Your account. You understand that if Your account is suspended or terminated, You may no longer have access to the content that is stored within the Subscription Service.
10. Governing Law. This EULA shall be governed by and construed in accordance with the laws governing Your Insurance Agreement.
11. Legal. The Mobile App permits you to submit images directly from your mobile phone. ATIC disclaims any legal responsibility for the content of the images and reserves the rights to delete the data from its databanks and/or notify any appropriate law enforcement agencies in accordance with State and Federal Law if any offending images are uploaded through the Mobile App.
12. Contact Information. If You have any questions regarding this EULA, please contact ATIC by email at firstname.lastname@example.org, by phone at (212) 857-8200, or by mail at One Metro Tech Center, 7th Floor, Brooklyn New York, 11201.
13. Third Party Beneficiaries. This EULA is executed between You and ATIC and not between you and any other party, including Apple for iOS users and Google for Android users. You agree that any claims brought by You arising out of this EULA or Your use of the Mobile App will not be made against Apple or Google, as applicable. Notwithstanding the foregoing, Your acceptance of this EULA allows Apple or Google, as applicable, to enforce this EULA against You as a third party beneficiary thereof. ATIC is not responsible for any applicable third-party agreement between You and any third-party, including your wireless provider.
Last Updated January 16, 2020.
We may collect nonpublic, personal, and other information about you from the following sources:
��• Information we receive from you on your applications or other forms, such as your name, address, phone number, email address, social security number, driver’s license number, your hack license, and date of birth;
• Information about your transactions and experiences with us, our affiliates, or others, such as your payment history, claims, coverages, and vehicle changes;
• Information from consumer reporting agencies, which provide us with motor vehicle reports, claim reports, ride sharing and livery bases, and/or credit information where permitted by law.
• Information we receive from American Transit Insurance Company’s mobile application such as your location, name, address, phone number, license plate number, and other accident related information.
Information about you that has been collected is maintained in your policy and/or claims records.We may disclose your nonpublic information to persons or organizations as necessary to process and service your policy and to settle claims.
For example, we exchange nonpublic personal information about you with our agents, brokers, investigators, appraisers, attorneys, and other persons who are or will become involved in processing your application and servicing your policy
or any claims you may make. When you are involved in a claim, your policy information is provided to adjusters and the businesses that will repair your or your claimants’ vehicle(s) and medical providers and others involved in the
assessment and treatment of your or your claimants’ personal injuries.
We may share your information with vendors who process transactions for us and with financial institutions with which we have a joint-marketing agreement. We have agreements with these parties requiring them to protect the privacy of your information. They are not allowed to use nonpublic information about you other than as specified or permitted by law.
We may provide certain aggregate data to organizations conducting actuarial research or audits. In this case, you will not be individually identified in the data.
For the purpose of detecting and preventing fraud and analyzing business results, we may share the following information with certain ride hailing or rideshare service companies such as Uber, Lyft, Gett and Via and livery and radio bases (including those that may be identified in your application for insurance or that you identify thereafter):
• driver’s information
• policy information
• vehicle information
• other related information and data
In return for such disclosure, the ride hailing or rideshare service company may provide us with your proprietary score or similar information maintained by such company.We may also share nonpublic information about you for other permitted purposes, including:
• with another insurance company if you are involved in an accident with their insured
• with our reinsurers
• with insurance-support organizations that detect and prevent fraud
• with medical professionals or institutions in order to verify coverage or conduct operations or services audits
• with state insurance departments or other governmental or law enforcement authorities if required by law or to protect our legal interests or in cases of suspected fraud or illegal activities
• if ordered by a subpoena, search warrant or other court order
In using American Transit Insurance Company’s mobile application to access its accident reporting service, you agree to abide by the Licensing Agreement. This may be reviewed at: Mobile Application Licensing Agreement
If you have any concerns about the way your information is being used, you can call us or contact us below:
Please write to us at:
American Transit Insurance Company
One MetroTech Center, 7th Floor
Brooklyn, NY 11201
Or email us at Privacy@American-Transit.com.