Please read this important information regarding your participation in Nationwide's Smart Home Program ("Program").
By installing a smart home device, or otherwise confirming your enrollment in the Smart Home Program ("Program"), you acknowledge that you have read and accept the terms of this agreement.
Your participation in the Program is expressly conditioned on your acceptance of these Terms. Nationwide reserves the right to modify or discontinue the services covered by this agreement or modify the Terms at any time and for any reason.
You should review the most recent Terms by visiting nationwide.com/personal/insurance/homeowners/smart-home/terms
Your participation in the Program or continued use of the device or system constitutes consent to any changes posted electronically to these Terms.
Program Eligibility
To be eligible to participate in the Program you must: (i) be a current home insurance policyholder (Homeowners, Condo, or Renters) of the Nationwide Mutual Insurance Company or one of its affiliates, (ii) enroll in the Program, (iii) have an eligible smart home system ("System(s)") that monitors the dwelling for safety, security, and/or loss prevention through a mobile device ("Device(s)"), and (iv) agree to share your System(s) data through an approved System provider.
You agree to install an eligible System in your personal residence that is insured by Nationwide and keep it active as long as you are enrolled in the Program. You are responsible for providing the internet connection necessary for the Systems and Devices to operate and for all other costs associated with the Systems.
Nationwide reserves the right to determine whether you qualify as a participant in the Program. You are under no obligation to purchase or operate a System or participate in the Program, and you may choose to stop your participation at any time.
An insurance premium discount may be applied to your policy in an eligible Nationwide company when you: (i) acquire an eligible System, (ii) activate the System, and (iii) allow the System provider to share your data with Nationwide. By collecting your smart home data, Nationwide can confirm the System's activation and continued use. If you stop sharing your smart home data, Nationwide will remove your discount.
See the list of eligible systems. If you purchase a System, you own it and its associated devices.
Your Data and Feedback
Data Collected
Data received from the System provider will include information about you and your home, obtained directly through enrollment materials, surveys, and questionnaires, and the Systems and its Devices, including but not limited to temperature, humidity, moisture, security alerts, smoke alarm alerts, sensor status (working, not working, battery), geolocation of the System and its associated Devices, information related to lost connectivity and power outage, and information related to your use of any websites associated with the System. You agree that Nationwide may also from time-to-time collect feedback electronically from you through questionnaires, surveys, and other means.
Nationwide Use of the Data
By participating in the Program, you agree that the System provider can share data and information with Nationwide collected through its Systems, Devices, and associated tools and applications.
Nationwide will retain all rights to the data and will not sell the data to any third parties. Nationwide may use the data as follows:
Research and Development: Data may be used for research and product development purposes including existing or new products and services.
Claims: Nationwide may use the data to assist in making liability and coverage determinations or conduct investigations of potential fraud and material misrepresentation. The occurrence of an event does not put Nationwide on notice of a claim or potential claim. You are obligated by the terms and conditions in your Policy.
Third-Party Vendors or Your Agent: Nationwide may share your information, which may include but is not limited to, data collected by the Devices and Systems and claims data with its third-party vendors or your agent for research and product development purposes, and for other Program and insurance services.
Retention: Nationwide will retain information collected from Devices and Systems in accordance with Nationwide's document retention policy and as required by law.
Your Policy: Data may be used for the purposes of insurance underwriting, eligibility, pricing, and servicing your policy.
Other Use of Collected Data
Nationwide may share your information as permitted or required by law pursuant to a subpoena, court order, law enforcement or regulatory inquiry, or some other duly authorized data request. Data from the Devices or Systems may be deemed discoverable in litigation by third parties. Nationwide and/or you may be legally required to provide the data to others who may use it in an accident investigation and/or litigation. There may be instances where Nationwide is required to provide data to state departments of insurance to support rate filings.
Your Privacy
Nationwide takes your privacy and online security very seriously. Nationwide maintains a privacy policy that explains how it collects, uses, and shares your personal information. The privacy policy is available to you upon your request and at https://www.nationwide.com/personal/privacy-security/pages/privacy. In the event there is any conflict or inconsistency between these Terms and the terms and conditions of the Nationwide privacy policy, these Terms shall control and govern the rights and obligations of you and Nationwide.
Program Termination
Nationwide may discontinue the Program at any time and for any reason. You may also discontinue your participation in the Program at any time by contacting Nationwide or the System provider.
Limitation of Liability, Disclaimers, and General Terms
You acknowledge and agree that Nationwide is not responsible for the Systems or its Devices and undertakes no obligation to monitor or alert you to any information collected by the Devices or any feedback you provide. Nationwide makes no representations or warranties, express or implied, regarding the Systems or its Devices and Nationwide does not represent or warrant that the Systems or Devices or the Program will result in fewer homeowner losses or claims.
NATIONWIDE DOES NOT MAKE, AND EXPRESSLY DISCLAIMS ANY WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. You agree that Nationwide (including its employees, directors, agents, contractors, and affiliates) will not have any liability arising out of or in any way related to this agreement, any services, the Program, or any Systems or Devices. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL NATIONWIDE BE LIABLE UNDER ANY CIRCUMSTANCES TO YOU FOR SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR LOSSES, INCLUDING LOST PROFITS, LOSS OF BUSINESS OPPORTUNITY OR OTHER SIMILAR DAMAGES RESULTING FROM OR ARISING OUT OF THIS AGREEMENT, BY STATUTE, IN TORT OR CONTRACT, UNDER ANY INDEMNITY PROVISION OR OTHERWISE (EXCEPT WITH RESPECT TO INDEMNITY OBLIGATIONS FOR THIRD-PARTY CLAIMS AND LOSSES).
You agree that these Terms in no way change, modify, or amend the terms and conditions of your insurance policy and any claim for benefits under your insurance policy will be evaluated and adjusted pursuant to its terms and conditions and applicable law.
Nationwide does not manufacture the Systems or Devices and their associated firmware and applications. Nationwide does not provide technical support, including installation services, for the Systems or its Devices and any associated warranties. In the event technical support is needed, contact the System provider.
Mobile applications or websites associated with the Systems or Devices may be controlled and operated by third parties ("Third-Party Platforms"). Nationwide is not responsible for the quality, capabilities, or reliability of Third-Party Platforms. Nationwide makes no representations, and disclaims all liability, as to the information, content, or material available at Third-Party Platforms, and the accuracy of such information, content, or material.
Governing Law
This is a legally binding agreement between the parties. This agreement shall be construed in accordance with the laws of the State of Ohio.
Entire Agreement
These Terms set forth the entire understanding between Nationwide and you with respect to your participation in the Program.
Severability
If any portion of these Terms is found to be unenforceable, the remaining sections of these Terms will remain in effect.
Waiver
Failure by Nationwide, in any instance, to exercise any of its rights under these Terms will not constitute waiver of such right or any other rights under these Terms.
Nationwide Notice Address
Nationwide
World Headquarters
One Nationwide Plaza
Columbus OH 43215-2220
Form # H 1028 09 24