Here's the actual fine print of Straight Talk and Zoomsafer's offer to Straight Talk customers. Should You order or use the ZoomSafer Services, the following terms and conditions will apply to You and AEGIS Mobility.:
ZoomSafer License Agreement for Drivers THIS LICENSE AGREEMENT FOR DRIVERS (THIS “AGREEMENT”) IS BY AND BETWEEN AEGIS MOBILITY. (“ZOOMSAFER”) AND THE DRIVER OBTAINING THE SERVICE (“DRIVER”).
1. SERVICE
a) Generally. Additional terms applicable to specific services provided at the end of this Agreement, ZoomSafer will make available to Driver the applicable ZoomSafer service, including access to a portal containing server-based software (the “Service”).
b) Description and Modifications. The Service is described in more detail in technical documentation provided by ZoomSafer to Driver describing the functionality of the Service (the “Documentation”).
c) SPECIAL NOTE ABOUT THE SOFTWARE AND SERVICE. DRIVING IS AN INHERENTLY DANGEROUS ACTIVITY THAT REQUIRES FULL ATTENTION BY THE VEHICLE OPERATOR. THE SERVICE PROVIDES A NUMBER OF FUNCTIONS INTENDED TO REDUCE DISTRACTIONS FROM A MOBILE DEVICE WHILE DRIVING. ANY USE OF A MOBILE DEVICE WHILE DRIVING DIVERTS THE ATTENTION OF A VEHICLE OPERATOR FROM THE ROAD AND COULD RESULT IN A CRASH. ADDITIONALLY, USING A MOBILE DEVICE WHILE DRIVING MAY BE ILLEGAL IN CERTAIN JURISDICTIONS. DRIVER IS RESPONSIBLE FOR KNOWING THE LAWS OF THE JURISDICTION IN WHICH THEY DRIVE AND FOR COMPLYING WITH SUCH LAWS AS WELL AS ALL OTHER PRECAUTIONS NECESSARY FOR SAFE DRIVING.
2. PAYMENT TERMS
Payment terms, as appropriate, are as provided when Driver signs up for the applicable Service. Without limiting other terms, failure to make timely payments will result in termination of the Service.
3. RESTRICTIONS
a) Driver shall use the Service (including any software, information or other technology provided by ZoomSafer) only for its personal purposes. The use of any software, information or other technology provided by ZoomSafer is permitted only in conjunction with the Service and not with any technology or service provided by any party other than ZoomSafer unless explicitly authorized in writing by ZoomSafer.
b) Except to the extent expressly permitted in this Agreement, Driver shall not: (i) permit any third party to use any software, information or other technology provided by ZoomSafer; (ii) market, sell, rent, lease, disclose, distribute, sublicense or otherwise offer or transfer any software, information or other technology provided by ZoomSafer (or any portion thereof); (iii) make copies of any software, information or other technology provided by ZoomSafer; (iv) access the Service through any means other than any software, information or other technology provided by ZoomSafer in conjunction with a single Driver cell phone, personal digital assistant (“PDAs”) or other mobile device specified during the registration process (“Designated Mobile Device”) and through the ZoomSafer website or as otherwise permitted by ZoomSafer; (v) use any software, information or other technology provided by ZoomSafer (or any portion thereof) for commercial time-sharing, service bureau or any other commercial use; (vi) reverse engineer, disassemble, decompile or otherwise attempt to derive the source code from software (if any) provided by ZoomSafer, use any software, information or other technology provided by ZoomSafer for any evaluation of the structure or design of such software or other technology or any other form of competitive analysis, or permit any third party to do any of the foregoing; (vii) modify or create any derivative works based on any software, information or other technology provided by ZoomSafer; or (viii) alter, remove or obscure any copyright, trademark or other protective notices contained in or on any portion of any software, information, or other technology provided by ZoomSafer or audibly announced by the Service.
4. OWNERSHIP
Any software, information, or other technology provided by ZoomSafer is licensed, not sold. As between Driver and ZoomSafer, all rights, title and interest in and to any software, information, or other technology provided by ZoomSafer and the Service, any modifications or derivative works of and any copies of the foregoing, and all intellectual property rights related to all of the foregoing, will be owned by ZoomSafer.
5. COMPLIANCE WITH LAW, NOTIFICATIONS, AND PERMISSIONS
Driver is responsible for compliance with all federal, state, local and foreign laws applicable to Driver’s and any Driver’s use of the Service and any software, information, or other technology provided by ZoomSafer. Driver will indemnify and hold harmless ZoomSafer against all losses, liabilities, judgments, awards, and costs arising out of or relating to this Service.
TERM AND TERMINATION
a) The Agreement for each applicable Service will begin on the date of first use and will continue for the period agreed to by Driver.
b) ZoomSafer reserves the right to immediately terminate this Agreement, Driver’s use of any software, information, and other technology provided by ZoomSafer or Driver’s access to and use of the Services, at any time and for any reason, with or without cause. Upon termination of this Agreement by either party, Driver’s right to use any software, information and other technology provided by ZoomSafer and the Services shall immediately cease, and each party shall delete or destroy, all copies of any software, information and other technology provided by the other party and all Confidential Information, including any copies or partial copies thereof, whether made under the terms of this Agreement or otherwise. Sections 1.c (Special Note About Software and Service), 3.b (Restrictions), 4 (Ownership), 5 (Compliance with Law and Permissions), 6 (Termination), 8(b) (Warranty Disclaimers), 9 (Limitation of Liability; Exclusion of Damages), 10 (Indemnity), 11 (Jurisdictional Issues), 12 (Government Rights), and 13(Miscellaneous) of this Agreement, and any payment obligations hereunder, will survive termination of this Agreement.
7. THIRD PARTY APPLICATIONS AND CONTENT
a) The Service may require use of technology (including hardware and software) and information provided by third parties, including the mobile carriers, email and SMS programs, Bluetooth hardware, data from GPS and telematics services/providers, cell phone usage data from mobile carriers or email applications and servers, and phone dialers and other applications. The Service may send or receive information and electronic data in conjunction with these third party technologies and information, and the malfunctioning, latency, accuracy or other errors of such third party technology and information may affect the functioning of any software, information, and other technology provided by ZoomSafer and/or Service. This Agreement does not apply to any such third party technology or information. ZoomSafer is not responsible for any functionality, content, suitability, privacy, support or other attributes of the technology and information that Driver may request from or deliver to a Designated Mobile Device or in conjunction with the functioning of Software and/or Service.
b) The Service may also use information and messaging networks operated by a third party to send information from a Designated Mobile Device to ZoomSafer’s servers, and to serve information back to such Designated Mobile Device. Depending on Driver’s or a Driver’s data and messaging plan, Driver may incur charges from the wireless service provider for use of its networks and/or for specific services such as making phone calls, sending or receiving text messages and/or emails, or other wireless data services. Driver is solely responsible for any and all costs Driver incurs as a result of the usage of the Service.
8. LIMITED WARRANTY AND DISCLAIMER OF WARRANTY
a) Provided that Driver complies with the technical and use requirements of this Agreement, including the Documentation, ZoomSafer warrants for a period of ninety days after Driver first uses the Service, the applicable Service will materially comply with the Documentation. As Driver’s sole remedy for such warranty, ZoomSafer will use reasonable efforts to repair any noncompliance. If ZoomSafer is unable to do so, ZoomSafer will refund the amounts paid for the applicable Service and will terminate the Agreement as it applies to such Service.
b) DISCLAIMERS: i) EXCEPT AS PROVIDED IN THIS SECTION THE SERVICE AND SOFTWARE, INFORMATION, AND OTHER TECHNOLOGY PROVIDED BY ZOOMSAFER ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. ZOOMSAFER DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, AND ALL WARRANTIES THAT MAY ARISE FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. ZOOMSAFER DOES NOT WARRANT THAT SOFTWARE, INFORMATION, OR OTHER TECHNOLOGY PROVIDED BY ZOOMSAFER OR THE SERVICE WILL BE SECURE, ACCURATE, OR RELIABLE OR WILL MEET DRIVER’S REQUIREMENTS. ii) DRIVER ACKNOWLEDGES AND AGREES THAT ITS USE OF THE SERVICE AND SOFTWARE, INFORMATION, AND OTHER TECHNOLOGY PROVIDED BY ZOOMSAFER IS AT ITS OWN DISCRETION AND RISK, AND THAT DRIVER IS SOLELY RESPONSIBLE FOR ANY AND ALL DAMAGES OR INJURIES (INCLUDING WITHOUT LIMITATION PROPERTY DAMAGE, PERSONAL INJURIES AND DEATH), SUFFERED OR INCURRED BY DRIVER, OR OTHERS IN CONNECTION WITH DRIVER’S USE OF THE SERVICE AND SOFTWARE, INFORMATION, AND OTHER TECHNOLOGY PROVIDED BY ZOOMSAFER, INCLUDING WHILE DRIVING. iii) DRIVER ACKNOWLEDGES THAT THE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET, EMAIL, MOBILE CARRIER BILLING DATA AND EMAIL APPLICATIONS AND LOGS, AND VOICE AND ELECTRONIC COMMUNICATIONS. ZOOMSAFER IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR DAMAGES RESULTING FROM SUCH PROBLEMS. iv) DRIVER UNDERSTANDS AND AGREES THAT IT DOWNLOADS OR OTHERWISE OBTAINS MATERIAL OR DATA THROUGH THE SERVICE AT ITS OWN DISCRETION AND RISK. DRIVER ACKNOWLEDGES THAT LICENSOR DOES NOT GUARANTEE THE COMPLETENESS OF EVENT AND OTHER DATA CAPTURED THROUGH THE SERVICE. THE DATA CAPTURED MAY BE SUSCEPTIBLE TO DELAYS AS WELL AS MISSING DATA DUE TO HANDSET PERFORMANCE, THE MOBILE NETWORK, MOBILE CARRIER BILLIG DATA, EMAIL APPLICATIONS AND LOGS, THIRD PARTY SERVICES INCLUDING TELEMATICS VENDORS AND OTHER TECHNOLOGY BEYOND ZOOMSAFER’S CONTROL. v) DRIVER FURTHER ACKNOWLEDGES AND AGREES THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY IN THIS AGREEMENT REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN DRIVER AND ZOOMSAFER. vi) FOR CONSUMERS OBTAINING THE SOFTWARE/SERVICE FROM A THIRD PARTY. IF AN IMPLIED WARRANTY OR CONDITION IS CREATED BY YOUR STATE/JURISDICTION AND FEDERAL OR STATE/PROVINCIAL LAW PROHIBITS DISCLAIMER OF IT, YOU ALSO HAVE AN IMPLIED WARRANTY OR CONDITION, BUT ONLY AS TO DEFECTS DISCOVERED DURING THE PERIOD OF THIS LIMITED WARRANTY (NINETY DAYS). AS TO ANY DEFECTS DISCOVERED AFTER THE NINETY (90) DAY PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY KIND. SOME STATES/JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY OR CONDITION LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. ANY SUPPLEMENTS OR UPDATES TO THE SERVICE AFTER THE EXPIRATION OF THE NINETY DAY LIMITED WARRANTY PERIOD ARE NOT COVERED BY ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY.
9. LIMITATION OF LIABILITY; EXCLUSION OF DAMAGES
a) ZOOMSAFER’S MAXIMUM LIABILITY FOR DAMAGES HEREUNDER (INCLUDING, WITHOUT LIMITATION, LIABILITY FOR NEGLIGENCE, STRICT LIABILITY, BREACH OF CONTRACT, MISREPRESENTATION AND OTHER CONTRACT OR TORT CLAIMS) WILL NOT EXCEED THE AMOUNTS PAID FOR THE SERVICE AND SOFTWARE, INFORMATION, AND OTHER TECHNOLOGY PROVIDED BY ZOOMSAFER DURING THE ONE YEAR PERIOD IMMEDIATELY PRECEDING THE APPLICABLE CLAIM FOR THE APPLICABLE SERVICE.
b) IN NO EVENT WILL EITHER ZOOMSAFER BE LIABLE TO DRIVER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR SIMILAR DAMAGES ARISING OUT OF THIS AGREEMENT OR THE USE OF THE SOFTWARE, INFORMATION, AND OTHER TECHNOLOGY PROVIDED BY ZOOMSAFER OR THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS OR LOST DATA, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF ZOOMSAFER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
c) The parties acknowledge that the limitations of liability in this Section and the allocation of risk herein are an essential element of the bargain between the parties, without which ZoomSafer would not have entered into this Agreement. Because some jurisdictions do not allow the exclusion or limitation of liability for certain types of damages incurred by certain parties, all or portions of this limitation may not apply to Driver.
10. INDEMNITY
Driver agrees to defend, indemnify and hold harmless ZoomSafer and its employees, officers, directors, shareholders, affiliates, agents, representatives, suppliers an members from and against all claims, losses, costs and expenses (including attorney’s fees) arising out of Driver’s use of, or activities in connection with the Service or any violation of the Agreement by Driver.
11. PRIVACY POLICY
ZoomSafer’s Privacy Policy is available at http://www.ZoomSafer.com/privacy-statement.aspx, and is incorporated herein by reference. ZoomSafer will provide Driver with notice of any updated Privacy Policy and inform Drivers that such policy applies to the Drivers' use of the Service. Please note: the information gathered by ZoomSafer is stored in the United States of America and is subject to American law.
12. GOVERNMENT RIGHTS
This Agreement does not apply to government usage of the ZoomSafer service. Usage of the ZoomSafer service by government entities is by separate agreement
13. MISCELLANEOUS
a) Data. ZoomSafer collects personally identifiable information, such as e-mail address, name, home or work address or telephone number. Depending on the nature of the technology used in conjunction with ZoomSafer services when a vehicle is driven, ZoomSafer may collect information based on the type of technology used. For example, if GPS technology is used in conjunction with ZoomSafer services, ZoomSafer may collect data concerning location, speed, and number of satellites. Through use of ZoomSafer services, ZoomSafer may identify when and Driver is driving. ZoomSafer services may correlate driving and mobile telecommunications behaviors and generate reports regarding such activity. ZoomSafer may generate aggregated, non-personally identifiable information based on the foregoing. ZoomSafer may use such aggregated data for research and development purposes, including marketing (by either ZoomSafer or third parties); provided, however, that Driver will not be identifiable in such data.
b) Force Majeure. ZoomSafer shall not be responsible for any delay or failure in performance to the extent that such delay or failure is caused by fires, strikes, embargoes, explosion, earthquakes, floods, wars, labor disputes, government requirements, civil or military authorities, acts of God or by the public enemy, acts or omissions of carriers or suppliers, failure or unavailability of the Internet or any telecommunication services or other causes beyond its reasonable control.
c) Relationship of the Parties. This Agreement shall not be construed as creating an agency, partnership, joint venture or any other form of association, for tax purposes or otherwise, between the parties, and the parties shall at all times be and remain independent contractors. Except as expressly agreed by the parties in writing, neither party shall have any right or authority, express or implied, to assume or create any obligation of any kind, or to make any representation or warranty, on behalf of the other party or to bind the other party in any respect whatsoever.
d) Complete Agreement. This Agreement constitutes the entire agreement between Driver and ZoomSafer concerning the subject matter hereof and supersedes all prior or contemporaneous discussions, proposals or agreements between the parties relating to the subject matter hereof. No amendment, modification or waiver of any provision of this Agreement will be effective unless in writing and signed by both parties.
e) No Waiver. No course of dealing, course of performance or failure of either party strictly to enforce any term, right or condition of this Agreement shall be construed as a waiver of any other term, right or condition. The waiver by either party of any default or breach of this Agreement shall not constitute a waiver of any other subsequent default or breach.
f) Export Controls. Driver shall comply with all export laws and regulations applicable to the software, information, and other technology provided by ZoomSafer and the Service. The software, information, and other technology provided by ZoomSafer the Service may not be downloaded or otherwise exported or re-exported (a) into any country for which the United States or Canada has a trade embargo, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders. Driver represents and warrants that it is not located in, under the control of, or a national or resident of any such country or on any such list.
g) Governing Law. This Agreement will be governed by the laws of the Commonwealth of Virginia, USA, without reference to its conflicts of law provisions. Any legal suit, action or proceeding arising out of or relating to this Agreement shall be commenced in a federal court in the Eastern District of Virginia or in state court in the County of Fairfax, Virginia, and each party irrevocably submits to the exclusive jurisdiction and venue of any such court in any such suit, action or proceeding. The parties expressly agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement.
h) Assignment. Driver shall not assign this Agreement or any of its rights or obligations hereunder without the prior written consent of ZoomSafer. Any purported assignment or delegation by Driver in violation of the foregoing will be null and void. Subject to the foregoing, this Agreement will be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.
i) Severability. If any provision of this Agreement is held to be invalid or unenforceable, the remaining portions hereof will remain in full force and effect and such provision will be enforced to the maximum extent possible so as to affect the intent of the parties and will be reformed to the extent necessary to make such provision valid and enforceable.
The following terms apply to specific services provided by ZoomSafer: If you have obtained ZoomSafer Mobile, the following additional terms apply:
1. SOFTWARE AND SERVICE
a) Generally. ZoomSafer Mobile (“ZS Mobile”) also includes the ZoomSafer Driver application software provided by ZoomSafer for installation on the Designated Mobile Device together with any updates, revisions, error corrections and enhancements to such software that ZoomSafer may provide, and any manuals, handbooks and other written or electronic material accompanying such application software (the “Handset Software”).
b) Limited License – Handset Software. Subject to Driver’s compliance with the terms and conditions of this Agreement, ZoomSafer hereby grants to Driver a non-exclusive, non-transferable, revocable, nonsublicensable, limited license to install and use the Handset Software on the single Designated Mobile Device and to access such web services such as websites, administrative portals and Driver portals. Driver shall use the Handset Software only on a single Designated Mobile Device.
c) Delivery. ZoomSafer, or, if applicable, a ZoomSafer reseller, will make the Handset Software available for the Designated Mobile Device and will inform Driver of the applicable methods for accessing such Handset Software.
2. REGISTRATION
In order to access and use ZoomSafer Mobile, Driver may be required to provide ZoomSafer with certain information (e.g. mobile number, name, email address) to allow ZoomSafer to Driver. Driver represents and warrants to ZoomSafer that it has sufficient rights and authorization to provide all such information to ZoomSafer.
3. DISCLAIMER OF WARRANTY
THE FOLLOWING IS ADDED TO THE WARRANTY DISCLAIMER ABOVE: DRIVER ACKNOWLEDGES THAT THE SPEED SENSING AND AUTOMATIC ACTIVATION FUNCTIONS OF ZOOMSAFER MOBILE AND THE HANDSET SOFTWARE ARE DEPENDENT UPON ONE OR MORE THIRD PARTY SERVICES INCLUDING BUT NOT LIMITED TO THE GPS ON THE MOBILE DEVICE ON WHICH THE HANDSET SOFTWARE IS LOADED, A BLUETOOTH CONNECTION WITH AN IN CAR ACCESSORY OR TELEMATICS SYSTEM AND/OR A COMMAND SENT FROM A TELEMATICS PROVIDER TO THE ZOOMSAFER NETWORK SERVICE. DRIVER ACKNOWLEDGES AND AGREES THAT ZS MOBILE MAY NOT ACTIVATE AUTOMATICALLY ON A DESIGNATED MOBILE DEVICE IF (I) IF ANY OF THESE ARE NOT FUNCTIONING PROPERLY, OR (II) IF THE INTERFACES FROM THESE ARE NOT FUNCTIONING PROPERLY, OR (III) IF THE WIRELESS CARRIER FOR THAT PHONE DOES NOT ALLOW THIRD PARTY ACCESS TO THESE SERVICES, OR (IV) IF THE PHONE IS IN A LOCATION (FOR EXAMPLE BUT NOT LIMITED TO UNDERGROUND AREAS) WHERE THESE SERVICES ARE NOT AVAILABLE, THE AUTOMATIC ACTIVATION FUNCTIONS OF ZS MOBILE AND THE HANDSET SOFTWARE MAY NOT ACTIVATE AUTOMATICALLY. DRIVER SHALL ENSURE THAT DRIVERS MANUALLY LAUNCH THE HANDSET SOFTWARE EACH TIME BEFORE THEY BEGIN TO DRIVE IF SUCH SOFTWARE DOES NOT AUTOMATICALLY ACTIVATE. THIS SECTION SURVIVES TERMINATION OF THIS AGREEMENT.
If you have obtained ZoomSafer Vision, the following additional terms apply:
1. REGISTRATION AND SET UP
Driver represents and warrants to ZoomSafer that it has sufficient rights and authorization to provide all information to ZoomSafer specified below. Driver further agrees to provide ZoomSafer access to the required information, in whatever form is required for the purpose of delivering an analytics-based safe driving service called ZoomSafer Vision (“ZS Vision”). Through ZS Vision, ZoomSafer will provide to Driver or its employer/contractor information concerning Driver usage of a Designated Mobile Devices during the operation of motor vehicles enabled to provide telematics data. Driver should confirm the terms of usage and use of data with its employer/contractor.
2. INFORMATION COLLECTED AND INTENDED USE
The data collected is used for matching Cell Phone Data (mobile carrier billing information), Telematics Data and Email Data for use by ZoomSafer Vision.
3. CELL PHONE DATA
In the performance of ZS Vision, Driver will provide and/or grant access to cell phone usage (“Cell Phone Data”), that may include, without limitation, the following data elements related to Driver’s Drivers: Driver Id, name, title, location, corporate e-mail address, department/cost center, phone numbers, corporate address as well as call detail records including information regarding inbound and outbound phone calls, text messages, and MMS messages.
4. TELEMATICS AND TRIP DATA
In the performance of ZS Vision, Driver will provide and/or grant access to trip data accessible through approved telematics devices (“Telematics Data”), that may include, without limitation, the following data elements: vehicle identification, driver identification, driver name, GPS Location, speed, trip start/stop data (including waypoints and other information regarding the use of a vehicle, such as hard braking, fast acceleration, etc.).
5. EMAIL DATA
Additionally, in the performance of ZS Vision, Driver will provide and/or grant access to information regarding Driver email usage (“Email Data”) that may include, without limitation, the following data elements: name, title, location, corporate e-mail address as well as information regarding when email messages were read, sent and/or received.
6. OTHER DATA
As technology and services evolve, Driver will provide and/or grant access to information regarding applicable Driver usage for the purposes of this Agreement.
Sponsored byNetworkNewsWire|Top Insurance companies, Aegis Mobility, New York Times reports Auto insurance companies discourage distracted driving ..offering a 5 percent discount on premiums for customers who sign up for a cell-phone blocking service provided by Aegis Mobility, the New York Times reports...Software can prevent cell phone use behind the wheel, potentially lowering auto insurance costs https://www.netquote.com/auto-insurance/news/discourage-distracted-driving-820
Market Data 
Markets 
AI
