Your participation in Lemonade, Inc.’s and its subsidiaries and affiliates’ (collectively, “Lemonade”, “we”, or “us” or “our”) insurance program is expressly conditioned on your acceptance of, and compliance with, these terms and conditions. If you do not agree with, or perform, any part of these terms and conditions, you should not, or may not be allowed to, participate in the program. Lemonade reserves the right to modify these terms and conditions at any time without advance notice. These terms and conditions require you to plug in, and keep continually plugged in, the telematics device, or other technology provided by Lemonade in connection with the insurance program (the “Device”) provided to you by Lemonade as part of the insurance program. The plugging in of your Device or continued participation in the insurance program constitutes your acceptance of these, and any revisions to these, terms and conditions.
The Device plugs into your vehicle’s On-Board Diagnostic II (OBD II) port. This Device is GPS enabled and records and communicates back to Lemonade a variety of information about your vehicle and your trips, including miles driven, speed, heading, acceleration, deceleration, altitude, periodic odometer readings, collision and impact, location information, and any information derived from the forgoing information (collectively, “Data”). The Device records when it is connected or disconnected. The Device transmits the Data wirelessly to and from Lemonade through our wireless partners. Mileage and other Data may be used to underwrite and rate our insurance offerings, and will be used to develop, maintain, model, analyze and enhance our products and services.
Any vehicle compatible with the Device is eligible for our insurance program assuming all other insurance program underwriting guidelines are met. You must also provide a valid email address and install and continually maintain a Device in all vehicles registered for the insurance program.
The Device uses a certain amount of current from the battery even when the vehicle is not turned on. Care should be taken in using the device in vehicles that have older or weak batteries, or that may go extended periods without being started. The Device may be transferred to a vehicle replacing an existing vehicle on the policy by informing Lemonade of the change.
The Device is the property of Lemonade. In the event of any policy termination or vehicle removal by either party, we have the right to charge you a fee of $100 for each device not returned to us in good, working condition within 30 days of the termination date of the policy, or removal of the vehicle from the policy. You consent to Lemonade charging any card or account you have on file for the fee if the Device is not timely returned. Normal wear and tear and damage to the Device caused by a motor vehicle accident will not result in a charge.
You (on your own behalf and on behalf of each registered owner [if not you] of a vehicle in to which a Device is installed) consent, acknowledge and agree that (a) you and the registered vehicle owner will voluntarily install and continually maintain the Device in each covered vehicle, (b) you and the registered vehicle owner acknowledge and agree that failure to install and continually maintain the Device as set forth in (a) is a violation of the terms and conditions of your insurance policy, (c) the insurance program is a subscription service, (d) you and the registered vehicle owner each grant to us a perpetual license to the Data for use by Lemonade in accordance with the purposes set forth in these Terms and Conditions to the extent allowed by applicable law, and (e) we will maintain any Data as required by any document or data retention laws, rules, regulations, or our internal policies.
You agree and consent that we may use any Data in assessing any claim under any applicable policy, regardless of the driver or party at fault. If the vehicle is involved in an accident, you must preserve the Device and all Data on the Device, so do not destroy or discard the Device. Failure to preserve the Device or the Data may be deemed a failure to cooperate under your policy and may impact the handling and evaluation of any claim. Lemonade may share any Data, without additional consent or notice, in response to a subpoena or as otherwise as required by applicable law, rule or regulation.