Kudo App: Legal Terms Overview
When you download our app, you are entering into several binding legal agreements as follows:
1. A contract with Kudo for use of the app and provision of the services. This contract is between you and Kudo and is contained in the App Terms and Conditions below.
2. A contract with Autoliv for use of certain components of the software contained in the app. This contract is between you and Autoliv directly and is set out in the Autoliv EULA below.
3. App store terms. Depending on the operating platform you are using to download and use the app, you are also subject to any rules or policies applied by the app store providers Google Inc and Apple (each an “app-store provider”). These app-store provider terms (“app-store terms”) may be found at: https://play.google.com/about/play-terms/ and https://www.apple.com/legal/internet-services/itunes/dev/stdeula/
App Terms and Conditions
This is a legally binding agreement with us, under these App Terms & Conditions – so it’s important that you read and understand them. References in these App Terms and Conditions to 'Kudo' or 'us' or 'we' are to Kudo MGA Limited, registered in England and Wales under company number 13392723, with a registered address of 49 Greek Street, London, W1D 4EG.
1. General usage
1.1 The app and access
The Kudo app is for use by private motorists aged 17 or over who hold a UK issued driving licence, and who are resident in England, Wales, or Scotland. The app allows users to register and track journeys made, with the purpose of establishing a driving “score”. There is no up-front or recurring fee, and there is no required contract term.
The app further allows drivers who have achieved a set driving “score” to request a quote for car insurance, the purchase of which is subject to a separate contract, fees and charges (see 1.6).
The Kudo app is compatible with iOS and Android operating systems. We work hard to make the app compatible across a wide range of devices, however there may be instances where the app may not be compatible with older versions of these operating systems, or some devices/hardware. You should keep your app up-to-date with our latest version releases, and we may occasionally require the app to be updated to allow continued usage in the case of particularly important changes.
1.3 App permissions and Information we collect
The app relies on your smartphone capabilities, as well the app itself to collect data about journeys, and to then send these to us. Specifically, the app links to the following functionality in your smartphone:
Location Services: In order to determine where the journey is taking place.
Health data: In order to determine movement of the vehicle only (not other health data about you).
Run in background: This allows the app to run without the phone being open, and the app displayed on the screen
Mobile data: We send a small amount of data from the smartphone to our systems
You need to keep these features enabled for the app to work. Disabling these features will prevent the app from working, and may result in us cancelling an insurance policy, or us requiring that the insurance policy is voluntarily cancelled.
The app collects data relating to journeys, which may include journeys as a passenger in other vehicles, including on a bus, as a passenger, cycling, or in someone else’s car. Allowing us to record and score this data won’t result in a price change during the year, and may mean we can offer a better price at insurance policy renewal. We use this data to build a picture of driving behaviour, including speed, routes, and times.
1.4 Information you provide
You must treat any login details (e.g. username and password) that you provide to us as confidential, and if you believe that anyone else knows these details, you must let us know as soon as possible.
1.5 Travelling abroad
If you take your smartphone abroad, you should ensure that your data roaming package is sufficient, or disable data for the Kudo app while you are abroad. You must enable data for the app when you return to the UK.
1.6 Charges and fees
There is no charge for the use of the Kudo app for the purpose of the Challenge, and trip tracking. The purchase of insurance is subject to a separate contract and associated Terms & Conditions that will be made available prior to the purchase of an insurance policy. The purchase price for an insurance policy, plus any associated fees or charges, will be clearly displayed before completion of a purchase.
1.7 No financial advice
We don't provide financial advice and you should not take any of the information displayed on our app as advice or as providing a recommendation that a product or service is right for you, and/ or meets your needs. If you need such advice or recommendation, you should contact a suitable financial advisor.
2. Third parties
Where our app contains links to third party websites or other information not owned by Kudo, you should read the terms and conditions associated with them. We are not responsible for those services.
3.1 What are Koins?
Koins are our way of rewarding safe driving, by awarding points and prizes based on your driving information collected through your use of the app. When you use the app you’re able to accrue Kudo Koins (“Koins”). Koins are a virtual currency that can only be used through Kudo.
3.2 How Koins are awarded and prizes won
You will see various Kudo Challenges available in the app. Each challenge will set out the specific details of and any additional terms for that challenge including the threshold you need to meet to be awarded Kudos or prizes.
If you decide to participate in a Kudo Challenge, the app will assess the way in which the vehicle is being driven, taking into account many different factors including speed, acceleration, braking, and distractions.
Koins can be earned for each eligible journey that exceeds the set threshold. If you consistently drive safely throughout the Kudo Challenge, and maintain a great driving score, you should pass the Kudo Challenge. Passing the Kudo Challenge unlocks access to the Kudo prize environment – at which time you will have the opportunity to open Chests. There are different sized Chests and the bigger the chest, the more Koins required to open it, and the bigger the possible prize inside.
If you do not complete the Kudo Challenge, or the Challenge is completed and the overall driving score is below the level required to successfully pass the Challenge threshold, any Koins that have been earned during the Challenge period will be removed from that account, and there will be no access to the prize environment. Kudo Challenges that are not completed successfully cannot be re-started or continued.
3.3 Key Koin Terms
The following terms apply:
If you choose to open a chest you agree to redeem the stated number of Koins in exchange for a chance of winning a prize.
Koins can only be redeemed within the Kudo app, and have no transferrable cash value inside or outside the Kudo app.
Kudo will not exchange Koins for any monetary sum. Koins cannot be exchanged or transferred between individuals or businesses.
Prizes that have a monetary value will be issued in Great Britain Pounds (GBP) only.
The award of prizes is at the absolute discretion of Kudo, and Kudo retains the right to delay or withhold prizes if it has reasonable grounds to believe that they have been obtained by fraudulent or illegal methods.
Kudo Insurance and the Kudo App are designed for private car owners who do not use their vehicles for commercial purposes such as taxis or multi-stop delivery drivers. As such Kudo retains the right to cap or limit the number of Koins that can be accrued within a given period of time – to reflect general private car usage.
Failure to complete the Kudo Challenge within a set period of time will prevent the further accrual of Koins, and trips will no longer be tracked or recorded.
Kudo Insurance retains the right to alter the basis on which Koins are awarded, the number of Koins required per chest, the odds of winning a prize, and the value of prizes at any point and without prior notice.
We reserve the right to close the account of any user that has not accessed the app within the last 3 months, has not made any valid trips within the last 2 months, or where it is 6 months since the Challenge was started – whether or not it has been completed. For any account that is suspended, trips are no longer tracked or recorded, and any Koins are forfeited.
4. Intellectual Property
We own or licence of all the intellectual property in the app and services provided through it. Certain software components of the app are owned by Autoliv and the licence terms for that are set out in the Autoliv EULA.
All rights are expressly reserved including: (i) All Kudo trade names and logos, icons, and service marks are registered trademarks of Kudo; (ii) all copyrights, design rights, database rights, algorithms and other intellectual property in this app.
The app is provided for your personal use and you must not use any of the parts of the app or materials provided on or through it for commercial purposes. You should not modify or reuse the app or any part of it other than is strictly required for your personal use of the app.
We shall not be liable to you or others for any damage caused to you that is not attributable to our breach or fault including events beyond our reasonable control. We also don't make any promise that information in the app is always accurate or that the app will always be available.
Even if we are at fault, we will not be liable for any loss or damage that is not directly attributable to our breach and that could not reasonably be foreseen as a consequence of that breach.
Nothing shall exclude or limit our liability for personal injury or death as a direct result of our negligence; for our own fraud or fraudulent misrepresentation; or any other liability that cannot be excluded such as under the rules and regulations of the Financial Conduct Authority. You can find out more details about your rights via the Citizens Advice Bureau.
5. General terms
5.1 These App Terms & Conditions are available in English only and are governed by the laws of England (or the laws of Scotland or Wales if you are domiciled there), and in the event of a claim or dispute you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales unless you choose the jurisdiction of your domicile in Scotland or Northern Ireland.
5.2 We may may make minor amendments these terms and conditions at any time and any material terms will be drawn to your attention.
5.3 These App Terms & Conditions are only available in the English language.
5.4 If you have any complaint(s), our Complaints Policy sets out how we manage complaints.
5.5 Contact details
Chat: Get in touch via Chat from the Kudo app
Post: Kudo, 49 Greek Street, London, W1D 4EG
The Kudo app (the "Application") by Kudo Insurance (the "Application Provider") contains software components of Autoliv's Driving Avatar technology (the "Autoliv Software").
In this End User Licence Agreement ("EULA") Autoliv Development AB, incorporated and existing under the laws of Sweden and having its registered office at Wallentinsvägen 22, Vårgårda, 447 3-7, Sweden, is referred to as "Autoliv", "we" or "us".
Please read carefully the terms of this EULA. By using the Kudo App, you agree to be bound by the terms and conditions of this EULA. You may not use the application without agreeing to the terms and conditions of this EULA. If you are agreeing to be bound by this EULA on behalf of your employer or other entity, you must have the authority to bind your employer to such entity to the EULA.
This EULA gives you certain legal rights, in addition to which you may have further legal rights on the basis of your domicile.
The Autoliv Driving Avatar technology aims to improve overall road safety by increasing awareness and encouraging safe driver habits. The Autoliv Software creates driver profiles based on information collected from your smartphone and seeks to provide drivers with insights into their driving behaviour. The data collected by the Autoliv Software is also used to improve road safety products and algorithms.
THE AUTOLIV SOFTWARE AND SAFETY SCORE
General Information on the Autoliv Software
The Application Provider has chosen to integrate the Autoliv Software into its Application and is using the functionality of the Autoliv Software as part of its product and service offering.
The Autoliv Software collects information, uses sensor and location data, creates a driver profile, provides feedback on driving style and based on the collected information, calculates an individual score of your driving style ("Safety Score"). Safety Score is a long-term adaptive score taking possible changes in your driving style into account.
Whilst Autoliv is committed to continuously improving the accuracy of the Safety Score, Autoliv makes no guarantees with respect to its accuracy. As such, you acknowledge that the Autoliv Software and the calculation of the Safety Score (i) do not provide a complete and exhaustive score of your driving style; (ii) do not in themselves enhance or guarantee your safety; and (iii) are not intended for emergency use.
The Application Provider (and not Autoliv) is the responsible party for the processing of your Safety Score data and other personal data in connection with the use of the Application (which includes, for clarity, the Autoliv Software). Autoliv acts as a data processor for the Application Provider.
Useful points to know about the Autoliv Software:
On the Road
The Autoliv Software does not require your attention while driving. Information required to use the functionality of the Autoliv Software is collected on an automatic basis (provided the Application is configured in accordance with the instructions shown during setup).
Please note that the proper functioning of the Autoliv Software is dependent on your smartphone's location services (e.g., GPS signal). The use of the location services needs to be enabled for the Application in the settings of your smartphone. Note that the continued use of the location services in the background drains the battery of your smartphone.
Data Costs with your Mobile Provider
The Autoliv Software requires an internet connection to connect with its underlying cloud-based technology. You acknowledge that the subscription with your mobile provider will be used by the Autoliv Software. This means that you may be charged by your mobile provider for data services. If you are not the bill payer for the smartphone on which the Autoliv Software is installed, you will be assumed to have received permission from the bill payer for using the Autoliv Software.
Autoliv has no responsibility to provide support or maintenance with regard to the Autoliv Software. Autoliv may at any time and at its sole discretion develop updates, fixes, patches and other modifications to the Autoliv Software and its underlying cloud-based technology ("Updates"). The Updates may be installed without your separate consent and without giving separate notice. You hereby agree to receive and to install the Updates without undue delay. If you do not agree to receive the Updates, you may stop using the Autoliv Software as your sole remedy.
You commit to not using the Autoliv Software in any way that: (i) is in violation of applicable law(s); (ii) is unauthorized; (iii) is defamatory of any other person; (iv) is obscene or offensive; (v) infringes any intellectual property rights or privacy of another person; (vi) is likely to disrupt our service in any way; or (vii) advocates, promotes or assists an unlawful act such as (by way of example only) computer misuse.
We reserve our right to terminate the use of the Autoliv Software at any time and at our discretion if we become aware of, or we have reasonable grounds to believe, that any of the above terms and conditions have been breached. Any right to extraordinary termination by Autoliv shall remain unaffected therefrom.
Links to Other Web Sites / Services
The Application may contain links to third-party web sites or services that are not owned or controlled by Autoliv. Autoliv has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that Autoliv shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
YOUR LIMITED RIGHTS TO THE AUTOLIV SOFTWARE
License Grant and Restrictions to the License
The Autoliv Software is licensed, not sold, to you. Autoliv hereby grants you a non-exclusive, non-transferable, revocable right to use the Autoliv Software for your personal, non-commercial use and only on an Apple or Android Device and in accordance with this EULA.
You hereby warrant that you, or anyone on the basis of your directions, will not: (i) use or copy the Autoliv Software for any purposes not explicitly stated in this EULA; (ii) sell, rent, license, lease, distribute, disclose, make available or otherwise commercially exploit the Autoliv Software; (iii) publish, distribute, modify or alter in any way the Autoliv Software or any of the intellectual property rights related thereto; and (iv) unless allowed under mandatory applicable law, disassemble or reverse engineer the Application.
Intellectual Property Rights
Any intellectual property rights in and relating to the Autoliv Software and related documentation are the sole and exclusive property of Autoliv and its licensors. Nothing in this Agreement shall constitute a transfer of any intellectual property rights of Autoliv or its licensors. Autoliv and its licensors reserve any and all rights not expressly granted to you in this EULA.
For clarity, the Autoliv name and logo, and other Autoliv trademarks, service marks, graphics and logos used in connection with the Application are part of Autoliv's intellectual property rights. Other trademarks, service marks, graphics and logos used in connection with the Application are intellectual property rights of their respective owners.
LIMITED OR NO LIABILITY OF AUTOLIV AND NO PROMISES
Limited or No Liability of Autoliv
To the maximum extent permitted by mandatory applicable law, Autoliv and its affiliates will not be liable to you with respect to the use or inability to use the Application (which includes, for clarity, the Autoliv Software) and/or be liable to you for any direct, indirect, special, consequential or punitive damages, however caused arising out of the use or inability to use the Application (which includes, for clarity, the Autoliv Software), even if advised of the possibility of such damages.
Autoliv provides the Autoliv Software on an 'as is' and 'as available' basis without any promises or representations, express or implied. In particular Autoliv does not warrant or make any representation regarding the use, results, validity, accuracy, reliability, availability, or otherwise of the Autoliv Software.
To the maximum extent permitted by mandatory applicable law, Autoliv hereby excludes all promises, whether express or implied, including any promises that the Autoliv Software is fit for purpose, of satisfactory quality, non-infringing, is free of defects, is able to operate on an uninterrupted basis, that the use of the Autoliv Software by you is in compliance with laws or that any information that you transmit in connection with this Application will be successfully, accurately or securely transmitted.
Term and Termination
This EULA enters into force on the date you first install the Application (which includes, for clarity, the Autoliv Software) and shall remain in force as long as you use the Application (which includes, for clarity, the Autoliv Software).
Autoliv may at any time terminate this EULA. You may terminate this EULA with a written notification to Autoliv. Upon the termination of this EULA you must immediately cease using the Application and the licenses under this EULA terminate in conjunction with such termination of this Agreement.
Any provisions which, by their nature or wording, contemplate effectiveness beyond the termination of this EULA shall survive the termination or expiration of this EULA.
This EULA represents and constitutes the entire agreement between you and Autoliv and governs your use of the Autoliv Software, and supersedes all prior agreements relating to the subject matter hereof.
Should any provision of this EULA be or become ineffective or invalid, the rest of the EULA shall remain valid. Such provision shall be replaced by another provision, commercially similar and equal with the original provision.
No failure or delay by Autoliv in exercising any right, power or remedy under this Agreement shall operate as a waiver of any such right, power or remedy.
Governing Law and Dispute Resolution
This EULA shall be governed by the laws of Sweden without reference to conflict of law provisions. The provisions of the UN Convention on Contracts for the International Sale of Goods shall in no event be applicable.
Any dispute, controversy or claim arising out of or relating to this EULA, or the breach, termination or invalidity thereof, shall (i) initially be subject to amicable negotiations between you and Autoliv; and (ii) otherwise be finally settled by arbitration in accordance with the Arbitration Rules of the Arbitration Institute of the Stockholm Chamber of Commerce. The seat of arbitration shall be Stockholm, Sweden. The language to be used in the arbitral proceedings shall be English.
Consumers resident in the European Union
Notwithstanding the aforesaid, if you are consumer resident in the European Union, or the United Kingdom, the governing law and forum for dispute resolution shall be the laws and courts of your usual place of residence. The provisions of the UN Convention on Contracts for the International Sale of Goods shall in no event be applicable.
Last updated: 27th May 2021