Terms and conditions of use

Latest Amendment Date: 01/01/2024

1. Preliminary remarks
   Please read this document carefully before using the services of this Application.
   
   It is noted that by accessing, browsing and using the Application you agree that you have read, understood, agreed and ultimately accepted the Terms and Conditions of Use of the service provided through this Application, the Disclaimer and the answers to the Frequently Asked Questions (FAQs) posted in the Application.
   
   If, after reading the following Terms and Conditions, for any reason you find that you do not agree and do not accept them, please do not install the Application or delete it immediately, along with any part of it, from your mobile phone and do not use it in any way. However, you should be aware that, in such a case, you will not be able to be insured or keep in effect your insurance policy with “INTERAMERICAN HELLENIC INSURANCE COMPANY S.A.” (which is registered in the Republic of Cyprus as a foreign company with registration number AE 3036 and place of business at 42 – 44 Griva Digeni, Nicosia 1080) that is part of a program which offers a discount in premium through the assessment of driving behaviour or, if not already insured, you will not be able to use the Application for the two (2) month Trial Period in accordance with term 8.1 of these terms.
   
   If, despite reading the following Terms and Conditions, you still have any questions regarding the Terms and Conditions of Use or you require any further clarification or information about the Application’s services, you may contact “INTERAMERICAN HELLENIC INSURANCE COMPANY S.A.”, through the customer service department by email at helpdesk@anytimeonline.com.cy.
2. Definitions
   For the purposes of these Terms, the following definitions apply:
   • "You”, “Your”, “Yours” and “User” refer to the users of the Application.
   • “Application” refers to the software / mobile phone application, developed by the Company and used by the Users to evaluate / rate their driving behaviour.
      
3. General information 
   1. The Company “OSeven Single Member Private Company” (hereinafter the “Company”), has the right to use and exploit this Application, which was created on behalf of the Société Anonyme under the name “INTERAMERICAN HELLENIC INSURANCE COMPANY S.A.” (hereinafter “INTERAMERICAN”) and which is adapted to the needs and specifications of the insurance programs distributed by INTERAMERICAN through its channel for online insurance of motor vehicles under the brand name Anytime.
   2. INTERAMERICAN, in collaboration with the Company, offers the opportunity to install and use, on the mobile phone, a copy of the Application, as well as its ancillary services, in accordance with the following terms, which constitute a legally binding agreement (hereinafter the “Contract”) between INTERAMERICAN, the Company and You. INTERAMERICAN, in cooperation with the Company, reserves the right to amend / renew this Contract, whenever it deems necessary. In such an event, the Latest Amendment Date under the title will be updated and you will be informed by notification in the Application or by email or by a post on the website www.anytimeonline.com.cy. Use of the Application after the Latest Amendment Date implies acceptance of these amendments.
   3. The Terms and Conditions of Use of the Application are available online, through Your mobile phone.
   4. The Application belongs exclusively to the Company, it is operated and offered by the Company, and it is protected by the legislation applicable from time to time and, in particular, by the laws concerning the protection of intellectual property, trademarks and distinctive features and unfair competition. You are only allowed to install and use a copy of the Application for personal and non-commercial use, in accordance with these terms. No other rights are assigned.
   5. It is noted that if any of the following Terms and Conditions of Use is found to be invalid, this does not affect the validity of the remaining provisions of the Contract.
   6. Moreover, in addition to these Terms and Conditions of Use, the provisions of any legislation applicable from time to time also apply to this Contract, even if they are not specifically provided in these Terms.
       
4. The purpose of the Application
   The mobile phone Application records the driving behaviour of the driver who is driving the vehicle, inside which is Your electronic device (smartphone), by extracting a personalized score regarding Your driving behaviour whenever You are the driver or in relation to the driver who is driving the vehicle, in case You are a passenger. If You are not the driver of the vehicle but You are a passenger, You have the option to disable the recording of the route through the settings of the Application. The Application is compatible with Android version 7.0, iOS 13.0 or any later versions thereof, provided the official operating system of the device, as installed by the manufacturer, has not undergone any modification, manipulation or any other action that may undermine the security of the device. Indicatively, it is noted that the Application may not be able to run on a rooted Android or a jailbroken iOS device. For smartphones that support iOS, the Application is compatible with the iPhone 5s and all later devices (except the iPhone 5c).
    
5. Registration
   1. You can only use the Application if You are registered as a User.
   2. Everyone has the right and can register in the Application, whether they have taken out insurance with INTERAMERICAN to join an insurance program for the assessment of driving behaviour in order to be offered reduced premiums, or for a Trial Period up to a maximum of two (2) months. Registration and use of the Application is strictly personal. You are strictly forbidden from granting use of the account to third parties. Such a violation leads to immediate termination of the provision of the services by the Company and/or Your arrangement with the Company. The Company and INTERAMERICAN reserve the right to reject any future request for re-registration.
   3. By registering in the Application, You agree:
      1. That You will not use the Application for any of the following reasons: A. for any unlawful purpose, which in any way interrupts, damages, reduces or renders the Application ineffective, to transfer files that contain viruses, trojans or other malicious programs; to access or attempt to gain access to the accounts of other Users, to infiltrate or attempt to infiltrate any security measures, to distribute content which is defamatory, improper or disturbing, threatening or abusive to any person or group of persons, with respect to religion, gender, sexual orientation, race, nationality, age or disability or anything similar. B. to advertise or promote Your own or third party products or services.
      2. To refrain from doing anything that could damage the reputation of the Company or INTERAMERICAN.
      3. To Comply with all applicable laws (including any applicable European/international laws) when using the Application.
      4. That access to and use of the service provided by the Application through mobile devices or through the use of certain functions of the mobile device, may require you to pay charges to Your telephone service provider ("Provider") and that You are solely responsible for the payment of such charges.
      5. To maintain and operate the technical equipment and operating functions necessary to access the Application, such as keeping the mobile phone in a mode that is compatible with the Application, enabling internet connection, data services, and managing Your device’s location settings.
      6. To receive notifications on Your mobile phone or Your email address, regarding messages that we want to communicate to You.
      7. That all fines, penalties, administrative or judicial proceedings arising from the exercise of your activity or the way you drive are Your sole responsibility.
      8. That the Company has the ability to commercially exploit all the statistical data (not personal data) that will result from the collection of User data, whenever it wishes, with or without prior notice to Users.
      9. To have access to privileged services provided for You by INTERAMERICAN.
   4. You are solely responsible for keeping confidential the password which you chose when registering. The Company and/or INTERAMERICAN are not responsible for any damage arising from Your disclosure of Your password to third parties or the use of Your password by a third party to gain access to Your account. In the event of any unauthorised use of Your account, You must immediately notify INTERAMERICAN at helpdesk@anytimeonline.com.cy. If You are using the Application while having an insurance policy with INTERAMERICAN, you can recover / change the password at any time. If used during a Trial Period, the Application does not require a password, and therefore there is no password recovery / change procedure. Please note that in the event of uninstallation / reinstallation of the Application during the Trial Period, it is not possible to retrieve the history of your Routes and, consequently, of your driving behaviour.
       
6. Use of the Application
   1. By installing the Application on Your device and launching it, You are asked to drive carefully, to respect other drivers and road users (e.g. pedestrians), to comply with the Highway Code and applicable law and to drive as safely as possible.
   2. Use of the Application means that You allow the Application to access the data it requires to record Your driving behaviour. This data is mentioned in detail in INTERAMERICAN’s privacy notice on the processing of Your personal data. In case You are not the driver of the vehicle, but you are inside the vehicle as a passenger, You have the option of disabling the recording of the route from the Application’s settings. A “route” is defined as the User’s journey, from the moment their vehicle starts moving up to any stop which lasts longer than 5 minutes.
   3. In particular, use of the Application means that You are logged in and that all the device’s functions necessary for the recording of Your driving to begin when Your vehicle starts moving, and to automatically stop as soon you park it, are switched on (as set out in the FAQs found in the Application settings). By way of example, the GPS/Location Services, the Activity Recognition/ Motion and Fitness function, the WiFi, the Compass Calibration function (for iOS only), the Google Play Services (for Android OS only) and the Background App Refresh function (only for iOS) should be enabled. For the smooth operation of the Application, You should not exit / disconnect from the Application or uninstall it or do anything to deactivate it (e.g. the battery saving function for Android devices should not be active, the “kill” option must not be used to terminate the Application etc.). Also, WiFi and mobile data should be enabled, as they improve the recording process. When the User has taken out insurance, in order to provide a sufficient sample of driving behaviour, the Application must be active and record the driving behaviour for at least 250 km per month. Otherwise, INTERAMERICAN reserves the right to cancel the insurance policy. Use of the Application alone means that You accept Application’s results relating to Your driving behaviour. You retain, however, all rights arising from applicable laws and regulations, such as the right of access to data, the right of rectification, the right of deletion, the right to restrict processing, the right of portability and the right to oppose processing, in accordance with the terms set forth in the Privacy Notice.
   4. The Company uses the Google Maps API service to provide You with the services of the Application. By using the Application you agree that You have read, understood, agreed to and ultimately accepted the additional Terms of Use (Google Maps / Google Earth Additional Terms of Service: https://maps.google.com/help/terms_maps.html) and Privacy Policy (Google Privacy Policy: https://policies.google.com/privacy), in relation to this service.
   5. The Company also uses data from the service ©OpenStreetMap (https://www.openstreetmap.org) to provide You with the Application’s services. This data is available from the OpenStreetMap Foundation (https://wiki.osmfoundation.org/wiki/Main_Page) under the Open Database License. Detailed information regarding the Open Database License, copyright and terms of use of ©OpenStreetMap data is available at the following links: www.openstreetmap.org/copyright, www.opendatacommons.org/licenses/odbl/.
   6. INTERAMERICAN may use the Application to organize competitions, in order to reward the safest drivers within a certain period of time. The ranking criteria in the competitions will be based exclusively on the driving behaviour and the distance travelled by the participants. Please note that the developers of Your electronic device’s operating systems (Apple, Google) are in no way involved or associated with the aforementioned competitions.
       
7. The User’s obligations
   1. As noted above, the Company, without prejudice to its legal rights, provides You only with the ability to install and use a copy of the Application. No other rights are assigned. It is not possible to sell or otherwise dispose the Application to any third party.
   2. You are required to comply with all technical restrictions of the Application which allow You to use the Application only in certain ways, and You are required to use the Application diligently.
   3. Indicatively, it is noted you are not allowed to:
      • bypass any technical restrictions of the Application;
      • decompile or reconstruct the source or object code of the Application;
      • create additional copies of the Application;
      • disclose the Application to others for the purpose of copying it;
      • rent, let, sublet, translate or lend the Application;
      • transfer the Application to any third party;
      • use or copy the Application for competitive or commercial purposes;
      • provide passwords for the Application to unauthorized third parties
      • use the Application for the provision of commercial hosting services.
         
8. Privacy Policy
   1. The Company collects Primary Data through the Application, without however being able to assign them to a particular User by name, and processes them (i) when a User has already taken out insurance, in order to provide INTERAMERICAN with their driving behaviour data which will determine the premium to be paid in case of renewal of the Insurance policy, (ii) when a User uses the Application freely for a Trial Period of maximum of two (2) months, for the purpose of taking out insurance.
   2. INTERAMERICAN (INTERAMERICAN HELLENIC INSURANCE COMPANY S.A.) is the data controller, while the Company (OSeven Single Member Private Company) is the data processor.
   3. In processing this data, the Company adopts high ethical standards and respects Your privacy. INTERAMERICAN does not in any case send to the Company any User personal data or any information which the Company could use to identify the User. Except for any disclosure to any public or judicial authority required by law, Your personal information will not be disclosed to third parties without Your consent. However, INTERAMERICAN reserves the right to disclose Your personal data to its affiliated companies (within its group), within the European Union, and to trusted processors who must know or access this information in order to provide services to it, including customer service and to external auditors, for Your benefit.
   4. It is emphasized that, in accordance with European legislation on personal data protection, strict security procedures have been adopted to prevent the misuse of personal data and unauthorized access.
   5. For more information regarding the Policy for Collecting and Managing Personal Data, the User can refer to the Privacy Notice on the Processing of Your Personal Data, which You will be requested to read before the installation of the Application on Your mobile phone is completed.
       
9. Intellectual Property Rights - Right of Use
   1. The Application, including the algorithm on which it operates, as well as all relevant intellectual and industrial property rights, including amongst other, the distinctive titles and features, trademarks, images, graphics, photographs, drawings, texts etc., are the Company’s intellectual property, which is by protected the legislation applicable from time to time and, in particular, by the laws concerning the protection of intellectual property, trademarks and distinctive features and unfair competition.
   2. As already mentioned, You are only allowed to install and use a copy of the Application and no other rights are assigned. All copying, analogue / digital recording and mechanical reproduction, distribution, transfer, processing, resale, creation of derivative work or misleading of the public about the real provider of the Application is prohibited. Any reproduction, republishing, uploading, announcement, distribution or transfer or any other use of the Application by any means or medium for commercial or other purposes is permitted only with the prior written consent of the Company.
   3. Under the present terms and conditions and all applicable laws and regulations, You are granted a non-exclusive, non-transferable, personal, limited right of access and use of the Application. This license does not constitute a transfer of title.
   4. It is noted that the Company reserves the right to check the permanent or temporary unauthorised reproduction of the Application, regardless of how it may take place, and to pursue the appropriate legal remedies/processes for interrupting it. It also reserves the right to prohibit any translation, adaptation, unauthorized circulation (copying, illegal copying, etc.) or any other modification in the Application, as well as any form of distribution of the Application to the public, including the leasing of the original Application or any copies of it.


10. Disclaimer
    1. The Company declares that use of its Application is completely harmless for the User's vehicle. The Application in no way affects the vehicle’s operating systems. The Application, the Company and/or INTERAMERICAN are not responsible for any damage to the vehicle’s software. Also, the Company declares that use of its Application is completely harmless for the User's mobile phone and does not in any way affect the mobile phone’s operating systems. For any damage to the mobile phone software, the Application, the Company and/or INTERAMERICAN will in no case be held responsible.
    2. At the same time, it is noted that the Application does not affect driving nor can it distract the driver.
    3. The content and services of the Application are provided "as is", without any warranty express or implied in any way, regarding their effectiveness, uninterrupted availability or the absence of errors. It is noted that all procedures are based on statistical and probabilistic methods, which lead to the best possible statistical display and quantification of Your driving behaviour and calculation of the respective risk through Your score. Therefore, the results of the processing carry some probability of error per event or particular time, but in terms of overall behaviour, they realistically reflect Your driving behaviour and Your relative risk through each sample.
    4. The Company and INTERAMERICAN are not responsible for any inaccuracy in the data collected through the Application. Also, the Company is not responsible for the consequent determination of the insurance premium charges for Your vehicle, since the Application is used in the context of an insurance policy that You have concluded with INTERAMERICAN.
    5. It is noted that the Company does not take part in legal or out-of-court disputes, negotiations and/or disputes between You and any third party with whom You have entered into a contract, unless required to do so by a judicial or other public authority. Third party means any third party other than the Company, i.e. it could be INTERAMERICAN or any other party with which INTERAMERICAN may have entered into a contract. The Company is not responsible for the pricing policy of third parties, nor does it take any part in its determination. For any dispute arising under the insurance policy with INTERAMERICAN, the Company does not have any civil, criminal and/or administrative liability, nor is it entitled to take part in an action including the User either as a defendant or as a procedural guarantor.
    6. As a User, you expressly waive and release the Company and INTERAMERICAN from any liability, claim, cause or damage resulting from the use of the Application which do are not the result of a violation of these Terms or the provisions of applicable law.
        
11. Expiry - Termination of use of the Application
    1. The Company and/or INTERAMERICAN, may suspend or terminate, temporarily or permanently, Your account, at any time and take legal action if: (i) You breach any of the warranties and obligations contained in this agreement or any of the policies and rules attached to it, such as the insurance policy you have entered into with INTERAMERICAN, (ii) You engage in fraudulent practices or commit fraudulent acts in connection with the Application, or (iii) the Company and/or INTERAMERICAN are of the opinion, at their sole discretion, that Your activities and behaviours have caused or may cause harm to third parties or to the Application or to the Company or to INTERAMERICAN. You are not entitled to any compensation for the termination or suspension of Your account in the Application.
    2. As a User You have no obligation to use the service and You can simply choose to stop using it at any time. In such a case, however, You should be aware that either the Trial Period will be interrupted, in case You are using the Application without being insured, or the insurance policy You have entered into with INTERAMERICAN will be terminated / cancelled, since the specific insurance product may operate only through the Application.
        
12. Charges
    You do not owe any amount to the Company for the use of the Application. The Company is not involved in any agreed charges between You and INTERAMERICAN.
     
13. Maintenance and Support
    1. The Company, through Your use of the Application, undertakes no obligation to provide support, maintenance, upgrades, conversions or new releases.
    2. However, the Company may from time to time release upgraded versions of the Application and may automatically upgrade the electronic version of the Application You use on Your mobile phone.
    3. By using the Application, You consent to any such automatic upgrade and agree that the Terms of this Agreement will apply to any such upgrade.
        
14. Applicable Law
    This Contract is governed by Cyprus law and the Courts of the Republic of Cyprus shall have exclusive jurisdiction to resolve any dispute that may arise under or in relation to it.