Smart Trip^SM Terms and Conditions

Your participation in the Smart Trip program is expressly conditioned on your acceptance of these Terms and Conditions. If you do not agree with any part of these Terms and Conditions, you should not participate in the Program.

The Progressive Group of Insurance Companies (Progressive) reserves the right to modify the Terms and Conditions at any time. Any modifications to these Terms and Conditions can be viewed at progressivecommercial.com/smarttrip/terms. Continued participation in the Smart Trip program by you will constitute your acceptance of any revisions to these Terms and Conditions. Please check this page regularly.

About the Program

The Smart Trip program is a usage-based insurance program for small business customers. This is a voluntary program instituted by Progressive to provide fleet management services to our customers, along with access to an online fleet management services portal to manage their business, and potential insurance savings based on safe driving habits. Availability of the Smart Trip program varies from state to state.

How it works

Participating customers share their driving data through a device provided by Progressive that plugs into the data port on the eligible vehicles and collects driving data and vehicle information for use in underwriting and rating (including verifying information provided by you); for use in the resolution of claims; and for research and development purposes.

Customers will then have access to an online fleet management services portal to assist in managing their business.

The Smart Trip device records vehicle speed and time information, Vehicle Identification Number, location, and certain other vehicle information, as well as when the device is connected and disconnected from the vehicle. Other information, such as miles driven and rates of acceleration and braking, is derived from the speed and time information recorded by the device. Devices transmit that data wirelessly to the vendor. The vendor will make the data available to Progressive.

Property of Progressive

The device provided to you is the property of Progressive and is provided by us for each vehicle you enroll. Progressive retains all right, title, and interest in and to the device and firmware. You may not reverse engineer, disassemble, decompile, alter, duplicate, translate, make copies, or create derivative works from the device or firmware, or otherwise attempt to derive the source code of the firmware, 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 Progressive and is deemed to be the confidential and proprietary information of Progressive.

Returning the Device

The device must be returned to Progressive once your vehicle is no longer registered for the program and you do not wish to transfer the device to another eligible vehicle on the policy, or in the event we have determined additional driving data is not needed. Failure to return the device to us in a timely manner and in good, working condition (normal wear and tear excepted) could result in a charge of up to $50 to your policy account.

Acknowledgement/Vehicle Owner Consent

By participating in the program, you represent that you have the consent of the registered owner of each vehicle in which a device will be installed to (a) install the device, (b) provide information collected by the device to us and our vendor, and (c) permit us to retain and use the information as described in these terms and conditions. Once the vehicle information is sent to us and our vendor, the recorded information will be erased from the device. Progressive will retain information collected or derived from the device indefinitely.

Vehicle usage data may be useful in determining the cause of an automobile accident. If you're in an accident, you may have a legal obligation to preserve the information on the device. This information may be sought by opposing parties in a civil lawsuit or by police when investigating the cause of an accident, or we may be legally obligated to provide such information in response to a subpoena or as otherwise required by law. In the event of an accident or claim, we may use your vehicle data to assist in resolving claims. This may include, but is not necessarily limited to, validating the circumstances of the incident, such as date and time of loss; vehicle identification; crash location; and circumstances of the incident.

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 old or weak batteries, or that may go extended periods without being started.

Smart Trip Privacy

We're committed to protecting your privacy and earning your trust, and understand you may have concerns about how we use the data we collect through the Smart Trip Program. That's why in addition to our commitment to you in our Privacy & Security Policy at progressive.com, we explain what we will and won't do with the driving data in our Smart Trip Privacy Statement, located at progressivecommercial.com/telematics/privacy.

Usage and Eligibility Requirements

Enrollment will occur upon completion of the following steps:

• you register for the program either online, over the phone, or through your Progressive agent (where available);
• you provide a valid e-mail address;
• you accept these Terms and Conditions and Privacy Statement for participating in the Smart Trip program; and
• you install a device in all vehicles registered for the Program.

Customers must install the device within 30 days of receiving the device in order to qualify for use of the online fleet management portal and any potential participation discounts. At renewal, insurance rates may vary. Participation in the Smart Trip program will continue if the vehicle is registered, has a policy with Progressive, and the device is plugged in.

Use of the Device on Different Vehicles

The rules for transferring the device are as follows:

• Replacing Vehicle: The device may be transferred to a vehicle replacing an existing vehicle on the policy that was registered with the program. The new vehicle must be eligible for the program, meaning the device must be compatible with the new vehicle. If the new vehicle is not eligible for the program, the device from the replaced vehicle must be returned to Progressive.
• Removing Vehicle: If you remove a vehicle from your policy that was registered for the program, you must return the device to Progressive.

Communications

We will periodically send you information by mail, email and/or phone while you're participating in the Program.

Ending Your Enrollment in the Program

You may end your enrollment in the Smart Trip program at any time by contacting Progressive Commercial.

LIMITATION OF LIABILITY

YOU AGREE THAT PROGRESSIVE'S LIABILITY FOR ANY INJURY, LOSS, CLAIM, OR DAMAGES CAUSED BY A DEVICE PROVIDED BY PROGRESSIVE SHALL BE LIMITED TO PROPERTY DAMAGE OR BODILY INJURY PROXIMATELY CAUSED BY YOUR USE OR INSTALLATION OF THE DEVICE. FURTHER, PROGRESSIVE SHALL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, ARISING OUT OF OR RESULTING FROM THE DEVICE HAVING BEEN INSTALLED IN THE VEHICLE.

PROGRESSIVE RESERVES THE RIGHT TO MODIFY OR TERMINATE THE SMART TRIP PROGRAM AT ANY TIME AND FOR ANY REASON.