User Terms for OnStar Guardian
Last Updated November 27, 2019
This software application (the “Application”) is provided by General Motors Holdings LLC and its affiliates (“GM” or “we” or “us”) and makes services made available to you (the “Application Services”) via the authorized Apple or Android smartphone (“Device”) that you own or control, which may include detecting a crash event in a vehicle in which you are traveling and the ability to initiate a call to OnStar advisors, receive roadside assistance services, and view location and other information of the Devices owned and controlled by the members of your “My Family” group. An active OnStar Safety & Security plan or bundle is required for the Application Services to be provided.
The Application Services are subject to limitations, including:
· The Application Services are intended for use in motor vehicles only.
· A cellular signal, GPS signal, and sufficient battery life on your Device are required for the Application Services to operate properly.
· You must provide all requested Application and Device permissions for the Application Services to operate properly.
· The Application Services use and rely upon your Device’s sensors and functionality, including GPS signal and cellular signal, and are subject to any inaccuracy and other limitations thereof.
· The Application will not detect all crashes (for example, if your vehicle is stationary for an extended period of time). The vehicle must be me moving at a sufficient speed (approximately 25 miles per hour) for a certain amount of time (approximately 10 seconds) before it can begin to detect a crash event. If a crash is detected, the Application can connect a call from an OnStar advisor automatically on Android smartphones only; all other Devices require you to answer the call.
· The Application may not connect to an OnStar advisor in all instances. Dial “911” in case of an emergency.
· Updates made to your Device may impact the ability of the Application to provide the Application Services.
· Once you log into the Application, it will continue to run in your Device’s foreground or background until you log out, even if you close the Application.
When you click to accept the following terms (these “Terms”) or when you access or use the Application Services on your Device, you agree to the following:
· These Terms incorporate the User Terms for Connected Vehicle Services located at http://www.onstar.com/terms (the “Connected Vehicle Service Terms”). Together, these Terms and the Connected Vehicle Service Terms are binding between you and us and govern your access and use of the Application Services. For this purpose, the term “Services” of the Connected Vehicle Service Terms includes the Application Services, “Connected Device” includes your Device, “Agreement” includes these Terms, and “Software” includes the Application. You should carefully review the Agreement before accessing or using the Application Services;
· It is your responsibility to ensure that all members of your “My Family” group know that anyone with access to the Application Services through your Device may be able to access information about their Device, including the location of their Device;
· You will only use the Application Services when it is safe to do so, in compliance with the law and these Terms, and you will not use the Application Services offered through your Device while driving;
· You will not use the Application Services to harass or harm any person, or for any improper, unlawful, or unauthorized purpose (including the unauthorized uses described in Sections 18 and 20 of the Connected Vehicle Service Terms);
· The OnStar member with the active OnStar Safety & Security plan or bundle may cancel the Application Services at any time by contacting us at 1-888-4-ONSTAR. That member cannot cancel Application Services simply by Uninstalling the Application from his or her Device. That member does not have to cancel the OnStar Safety & Security plan or bundle at the same time unless he or she chooses to do so. If the OnStar member with the active OnStar Safety & Security plan or bundle or we cancel the Application Services, or cancel the OnStar Safety & Security plan or bundle, the Application Services will no longer be provided to the other members of that member’s “My Family” group;
· We may collect, use, and share information about you, including the location of your Device or your Vehicle as described in the Privacy Statement for OnStar Guardian available at https://www.onstar.com/privacy;
· If a dispute arises, you will resolve it with us through individual arbitration;
· We are not responsible for the acts of third parties who may access the Application Services and information through your Device. You should use all security features of your Device, including any password, locking, or encryption features, to protect against unauthorized access and use of the Application Services and your information;
· IF YOU PROVIDE AN EMERGENCY CONTACT, YOU CONSENT TO US CONTACTING THAT PERSON ON YOUR BEHALF AND PROVIDING THAT PERSON WITH INFORMATION ABOUT YOU IN CONNECTION WITH THE APPLICATION SERVICES, INCLUDING YOUR DEVICE’S LOCATION. YOU MUST ALSO OBTAIN PRIOR CONSENT FROM THAT PERSON BEFORE PROVIDING THAT EMERGENCY CONTACT, AND NOTIFY THAT PERSON THAT HIS OR HER PERSONAL INFORMATION (THAT YOU PROVIDE TO US) WILL BE USED TO CONTACT HIM OR HER ON YOUR BEHALF;
· Roadside assistance services are provided by Allstate Roadside Services for motor vehicles only. Limitations on the number and type of roadside assistance service that may be received apply. Towing services have additional fees.
· Your use of the Application Services may involve services made available to you by third parties, such as the wireless services provided for your Device by your wireless carrier, and map and data services. Use of services made available by third parties may involve you sharing your location, search query, and other data. You can disable sharing of your Device location to the other members of your “My Family” group in the Application’s settings, but if you disable sharing of your Device location in your Device settings, the Application will not function properly. We cannot guarantee their performance, reliability or security, and we are not responsible for any losses or damages they may cause, such as any loss of personal information through third party network services;
· GM grants you a non-commercial, non-exclusive, non-transferable, limited, terminable license to use the Application and the Application Services solely with your Device, throughout the United States, subject to your compliance with the Agreement. The Application is licensed, not sold, to you, solely for your personal use. GM retains all right, title, and interest in and to the Application, the Application Services and all related data and information, including intellectual property and proprietary rights and interests;
· In the event of any conflict between these Terms and the Connected Vehicle Service Terms, these Terms will govern for any access or use of the Application Services. The reference to “Connected Device” in Section 15.2 and in the last subsection of Section 18 of the Connected Vehicle Service Terms does not apply to your Device; and
· If your Device is an Apple device, then the following paragraph applies: You are entering into the Agreement, including these Terms, with GM and not with Apple Inc. (“Apple”). However, Apple and its subsidiaries are third party beneficiaries of the Agreement, and Apple may enforce the Agreement. We are solely responsible, as provided in these Terms, for the Application and its associated information; Apple makes no warranty with respect to the Application or the information and has no obligation whatsoever to furnish any maintenance and support services for the Application. Apple is not responsible for addressing any claims relating to the Application or its associated information or your possession or use of the Application, including but not limited to: (i) product liability claims, (ii) any claims that the Application fails to conform to any legal or regulatory requirement, and (iii) claims arising under consumer protection and similar legislation. If a third party claims that the Application, its associated information, or your possession or use of the Application or associated information infringes a third party’s intellectual property rights, Apple is not responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. You acknowledge that you have reviewed the App Store Terms located online at http://www.apple.com/legal/itunes/us/terms.html#APPS and that you shall comply with such terms.
For further details and limitations, or if you have any other questions, comments or complaints regarding the Application Services, feel free to contact us at any time by pressing the blue OnStar button within the Application, emailing us at TTY@OnStar.com, mailing us at OnStar Subscriber Services, PO Box 1027, Warren, MI 48090-1027, or calling us at 1.888.4.ONSTAR (1.888.466.7827), or for TTY users (hearing/speech impaired): 1.877.248.2080.