Automatic

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Nature Real
ID Name Automatic
Provider Automatic Labs, Inc.
Description Automatic is a car adapter that provides information about the car in which it is installed and about customer's driving habits, and that allows the customer to connect his car to the Internet.
Country USA
Release Date 02.07.2015 (date of analysis)
Link https://www.automatic.com/
Topics Business Model
Correlated texts

Notes

Automatic's components:

  • the Hardware: device to be connected with the customer's car (through installation into the standard diagnostics port), and which connects the car to the Service
  • the Service:
    • the Software: any software that may be made available by Automatic in connection with the Service, such as mobile applications and embedded software
    • the Site: https://www.automatic.com
    • vehicle information provided by Automatic and related services
    • the Automatic App: free app that i. pairs with the adapter via Bluetooth, ii. stores data collected by the adapter in the cloud, and iii. displays information about the car (engine diagnostics, parked car locator, emergency crash response, etc.) and the customer's driving habits
    • the Automatic App Gallery
    • the Content: data, reports, text, images, sounds, video, and content made available by Automatic Labs

Automatic is compatible with several Apple and Android phones, listed on the Site.

In case of problems or doubts, customers can contact Automatic Labs at support@automatic.com.

Contractual characteristics

Links to Terms&Conditions: https://www.automatic.com/legal/#terms

Date of Terms&Conditions: 24.10.2014 (Privacy Policy); 13.05.2013 (Terms of Service); 02.07. 2014 (Warranty); 02.07.2015 (Intellectual Property)

1. Is the consumer allowed to modify the software and/or hardware without retaliation? No
The customer can't benefit of the warranty if he modifies or alters the Hardware, if he doesn't follow the instructions provided by Automatic Labs, or more generally if he misuses the product.

Moreover, if the provider believes that the customer has violated some of the following terms, he reserves to himself the right to discontinue - even permanently - the customer's Hardware or Service, suspend the account or the use of the Service, delete consumer's Content, and refuse any further use of the Service: the customer is forbidden from using the Hardware and the Service in a manner which interferes with their integrity and performance; modifying, adapting or hacking the Service and the Hardware to gain unauthorized access to them or to their related systems or networks; using the Service and the Hardware to obtain information not intentionally made available through them; copying, modifying, creating a derivative work of, reverse engineering, reverse assembling or otherwise attempting to discover any source code of the Software.


This limited warranty does not apply to [...] damage caused by [...] misuse, [...] damage to Hardware that has been modified or altered without the written permission of Automatic; [...] Hardware that has not been installed, operated, or maintained in accordance with instructions supplied by Automatic and the Automatic Terms of Service (Source: Warranty).

You shall not [...] use the Service or the Hardware [...] in any manner that interferes with or disrupts the integrity or performance of the Service, the Hardware or their components (Source: Terms of Service).

You shall not [...] modify, adapt or hack the Service or the Hardware to, or otherwise attempt to, gain unauthorized access to the Service, the Hardware or their related systems or networks, or [...] use the Service or Hardware to obtain or attempt to access any materials or information through any means not intentionally made available or provided for through the Service or Hardware (Source: Terms of Service).

[Y]ou shall not (and shall not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code (Source: Terms of Service).

Automatic reserves the right to (i) modify or discontinue, temporarily or permanently, the Service or Hardware (or any part thereof) and (ii) refuse any and all current and future use of the Service, suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any of Your Content in the Service, for any reason, including if Automatic believes that you have violated this TOS (Source: Terms of Service).

2. Does the provider reserve to himself the right to modify/delete his own content? Yes
The provider reserves to himself the right to remove - even without reason - all content (included data and reports) made available through his Service.


The “Service” includes [...] data, reports, text, images, sounds, video, and content made available through any of the foregoing (collectively referred to as the “Content”) (Source: Terms of Service).

Automatic has the right, but not the obligation, to monitor the Service, Hardware, Content or Your Content. You further agree that Automatic may remove or disable any Content at any time for any reason [...], or for no reason at all (Source: Terms of Service).

Our products and services (and our business) may change from time to time (Source: Privacy Policy).

3. Does the provider reserve to himself the right to modify/delete consumer content? Yes
The provider reserves to himself the right to remove - even without reason - the content provided by the customer in connection with or relating to the Service or the Hardware.


You are solely responsible for all data, information, feedback, suggestions, text, content and other materials that you upload, post, deliver, provide or otherwise transmit or store (hereafter “post(ing)”) in connection with or relating to the Service or the Hardware (“Your Content”) (Source: Terms of Service).

By posting Your Content on or through the Service, you hereby do and shall grant Automatic a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, display, publish and perform Your Content in connection with the Service. Automatic has the right, but not the obligation, to monitor the Service, Hardware, Content or Your Content. You further agree that Automatic may remove or disable any Content at any time for any reason [...], or for no reason at all (Source: Terms of Service).

Automatic reserves the right to [...] remove and discard any of Your Content in the Service, for any reason, including if Automatic believes that you have violated this TOS (Source: Terms of Service).

IN NO EVENT WILL AUTOMATIC BE LIABLE FOR ANY LOST OR DAMAGED DATA (INCLUDING, WITHOUT LIMITATION, ANY DATA ERASED BY AUTOMATIC IN CONNECTION WITH THE REPAIR OR REPLACEMENT OF HARDWARE) (Source: Warranty).

4. Is the title on software explicitly transferred to the consumer? No
Automatic Labs confers to the the customer a "license" to use the object code of the embedded software.

Moreover, the embedded software is considered part of what Automatic Labs calls "the Service", and it is clearly stated that the title on the components of the Service will remain with and belong to Automatic Labs.


All rights, title and interest in and to the Service, the Hardware and their components will remain with and belong exclusively to Automatic (Source: Terms of Service).

The “Service” includes [...] the Software (Source: Terms of Service).

Any software that may be made available by Automatic in connection with the Service, such as Automatic’s mobile applications and any software embedded on the Hardware (“Software”) [...] (Source: Terms of Service).

All rights, title and interest in and to the Service, the Hardware and their components will remain with and belong exclusively to Automatic (Source: Terms of Service).

You shall not [...] sublicense, resell, rent, lease, transfer, assign, time-share or otherwise commercially exploit or make the Service available to any third party (Source: Terms of Service).

Automatic hereby grants you a personal, non-transferable, non-sublicensable and non-exclusive right and license to use the object code of any Software (Source: Terms of Service).

5. Is the title on hardware explicitly transferred to the consumer? Not available
On the one hand, the Legal Information provided expressly states that the "title" on the Hardware - which is, specifically, the car adapter to be installed in the customer's vehicle - will remain with and belong exclusively to the provider.

On the other hand, the Legal Information uses several times the word "purchase", and - on the website - we can even find the buttons "Buy Online" and "Buy Now". Besides, the Warranty states that - if the customer sends the device to the support service - the hardware or hardware components that are replaced become "property" of Automatic, from which we would infer that, before, they were customer's property. Moreover, the price to pay is a lump-sum (99.95 $), without subscription fees to pay, and it isn't written anywhere that the product must be return after a certain amount of time. Given this ambiguity, I sent an e-mail to support@automatic.com, asking if the customer acquires property on the device; the answer was the following: "You do own the Automatic adapter, but not the technology behind it. You can resell it, but you cannot take it apart and try to duplicate it." We may therefore believe that the "title" on Hardware retained by the provider refers to intellectual property, and not to the material one.


Automatic Labs, Inc. (“Automatic”) provides its Hardware and Service [...] subject to this Terms of Service agreement (“TOS”) (Source: Terms of Service).

The “Hardware” means Automatic’s device that may be connected to your vehicle in connection with the Service (Source: Terms of Service).

All rights, title and interest in and to the Service, the Hardware and their components will remain with and belong exclusively to Automatic (Source: Terms of Service).

[...] purchasers of the Hardware (“you”) (Source: Warranty).

[...] the purchase price [...] (Source: Warranty).

[...] the country in which the original Hardware was purchased (Source: Warranty).

All Hardware and parts that are replaced become the property of Automatic (Source: Warranty).

To the extent the Service, Hardware or any portion thereof is made available for any fee, you will be required to select a payment plan or make a payment [...]. If your payment plan involves subscription payments, you hereby authorize Automatic to bill your payment instrument in advance on a periodic basis in accordance with the terms of the applicable payment plan until you terminate your account (Source: Terms of Service).

If Automatic terminates your account without cause and you have signed up for a fee-bearing service, Automatic will refund the pro-rated, unearned portion of any amount that you have prepaid to Automatic for such Service. However, all accrued rights to payment and the terms of Section 5-14 shall survive termination of this TOS (Source: Terms of Service).

Buy online (Source: https://www.automatic.com/how-automatic-works/).

No subscription fees (Source: https://store.automatic.com/4218673/checkouts/65804776a526f711c5e9de45ddedae63).

Buy now $99.95 (Source: https://www.automatic.com/).

6. Is the consumer forbidden from reselling the device? No
The legal information provided by Automatic Labs doesn't expressly contain a prohibition of resale clause.

However, we have established that the embedded software (see CC4) is not sold to the customer. Moreover, it is expressly stated that the Service (which includes the embedded software: see CC4) can't be resold, rented, leased, sub-licensed, transferred or assigned, and that the license conferred on the Software is non-transferable and non-sublicensable. Finally, it is stated that the Hardware is provided subject to the Terms of Service, and that those Terms of Service can't be assigned by the customer. Therefore, I asked - through an e-mail sent to support@automatic.com - if it was possible for the customer to resell the device, and the answer has been affirmative. Anyway, we may question if even a prohibition of resale would actually result in the material impossibility for the customer to transfer the device to another person: it seems not to be the case, because the device is configured to support more than an account, and therefore it enables the switching from an account to another. In most cases, the provider would be unable to verify if a resale has took place, except for the case in which the resale takes place through an online marketplace.


You shall not [...] sublicense, resell, rent, lease, transfer, assign, time-share or otherwise commercially exploit or make the Service available to any third party (Source: Terms of Service).

Automatic hereby grants you a personal, non-transferable, non-sublicensable and non-exclusive right and license to use the object code of any Software (Source: Terms of Service).

[Y]ou shall not (and shall not allow any third party to) sell, assign, sublicense or otherwise transfer any right in any Software (Source: Terms of Service).

Automatic Labs, Inc. (“Automatic”) provides its Hardware and Service [...] subject to this Terms of Service agreement (“TOS”) (Source: Terms of Service).

You may not assign this TOS without the prior written consent of Automatic, but Automatic may assign or transfer this TOS, in whole or in part, without restriction (Source: Terms of Service).

Setting up multiple users. It’s pretty simple. The second (or third, fourth) user creates an Automatic account in the app and performs setup with the car again, just like the first person did. The only difference is that they’ll need to unplug the adapter when asked for the security PIN, then plug it back in on the next step. Otherwise, it’s exactly the same process. [... W]e recommend that each driver have his/her own Automatic account (Source: https://community.automatic.com/automatic/topics/how_does_multi_user_work).

7. Is the consumer forbidden from transferring the account? Yes
It is expressly stated that the customer is neither allowed to transfer or make available the Service to third parties, nor to assign the Terms of Service, and that the customer remains responsible for all the activities occurred through his account.

However, given that i. it is possible to switch the device from an account to another (see CC6), ii. the collected information concerning the car can be exported (see CC13 and CC14) - and therefore, if need be, given to the further user/acquirer -, and iii. the account contains also information strictly related to the user (his driving habits), we may question if the possibility of an account transfer would confer added value to the consumer.


The “Service” includes (a) the Site, (b) Automatic’s vehicle information and related services, and (c) all mobile applications and other software (including the Software, as defined below), data, reports, text, images, sounds, video, and content made available through any of the foregoing (collectively referred to as the “Content”) (Source: Terms of Service).

You shall not: (a) sublicense, resell, rent, lease, transfer, assign, time-share or otherwise commercially exploit or make the Service available to any third party (Source: Terms of Service).

You are responsible for maintaining the confidentiality of your login, password and account and for all activities that occur under your login or account (Source: Terms of Service).

Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The Service is for your personal use (Source: Terms of Service).

You may not assign this TOS without the prior written consent of Automatic, but Automatic may assign or transfer this TOS, in whole or in part, without restriction (Source: Terms of Service).

Setting up multiple users. It’s pretty simple. The second (or third, fourth) user creates an Automatic account in the app and performs setup with the car again, just like the first person did. The only difference is that they’ll need to unplug the adapter when asked for the security PIN, then plug it back in on the next step. Otherwise, it’s exactly the same process. [... W]e recommend that each driver have his/her own Automatic account (Source: https://community.automatic.com/automatic/topics/how_does_multi_user_work).

8. Is there an explicit prohibition to use the device in combination with a third party service? No
Automatic Labs provides software applications that enable the connection between Automatic and products commercially made available by third parties, but these are only additional services that anyway have been approved by Automatic Labs.

Moreover, it is expressly stated that it is forbidden to obtain or attempt to access any materials or information through any means not intentionally made available or provided for by Automatic, which means that unauthorized third-party services aren't allowed. However, the category of the authorized third party services is pretty large: in fact, the product provider also provides a developer API, in order to allow users to create new tools - for themselves and for others - to exploit the data collected by Automatic. However, in order to use the API, there is need for Automatic's server, so the product provider's service is anyway necessary. Finally, it is true that the second generation adapter allows the use of streaming apps, that don't require the intermediation of Automatic's server, but these apps are anyway apps that are authorized by Automatic Labs.


The “Service” includes (a) the Site, (b) Automatic’s vehicle information and related services, and (c) all mobile applications and other software (including the Software, as defined below), data, reports, text, images, sounds, video, and content made available through any of the foregoing (collectively referred to as the “Content”) (Source: Terms of Service).

You shall not [...] use the Service or Hardware to obtain or attempt to access any materials or information through any means not intentionally made available or provided for through the Service or Hardware (Source: Terms of Service).

Automatic hereby grants you a personal, non-transferable, non-sublicensable and non-exclusive right and license to use the object code of any Software solely in connection with the Service (Source: Terms of Service).

You agree not to access the Service by any means other than through the interface that is provided by Automatic for use in accessing the Service (Source: Terms of Service).

Automatic offers Software applications that are intended to be operated in connection with products made commercially available by Apple Inc. (“Apple”), among other platforms (Source: Terms of Service).

We provide many ways for you to access your data, like our web dashboard and developer API (Source: Privacy Policy).

You can grant access to your data to third party apps and services, like IFTTT or Nest (Source: Privacy Policy).

[W]e've released an API so users can extract their own data to view it in a different format and so developers can create new and useful tools for themselves and potentially others. The API would be useless if everyone's data were trapped just on their phones (Source: https://community.automatic.com/automatic/topics/is_all_of_my_data_online_somewhere).

The data created when you drive is securely hosted on our servers and is yours to explore, download, and use however you like. We provide many ways for you to access your data, like our web dashboard and developer API. You can also stop using Automatic and ask us to permanently delete your data from our servers at any time (Source: Privacy Policy).

The 2nd generation Automatic adapter allows you to use streaming apps. Streaming apps are a new class of integrations that stream data directly from your Automatic adapter rather than from the cloud. That means that you can use apps like DashCommand, OBD Fusion, and Harry’s LapTimer to read engine data in real time, with an ultra-fast refresh rate and without the delay of going up to our servers (Source: https://www.automatic.com/support/).

The Automatic Streaming SDK lets 3rd party apps stream raw on-board diagnostics (OBD-II) data directly from the Automatic car adapter via Bluetooth. (User must have 2nd generation Automatic adapter.) (Source: https://developer.automatic.com/).

9. Are there explicit duration boundaries to consumer’s enjoyment of the device? Yes
There are duration boundaries to consumer's enjoyment of the device, but these boundaries are not-prefixed and only contingent.

In fact, consumer's enjoyment of the device could terminate at any time, because the provider reserves to himself the right to discontinue - even permanently, and for any reason - the Hardware and the Service (and the Service is necessary for hardware usability: see TC4). Moreover, the provider excludes any liability of his own in case of discontinuation. I sent an e-mail to support@automatic.com, asking for more information on the matter, and particularly on the possibility of seeing the price paid for the device refunded in case of its discontinuation without reason; the answer was the following: "We have a 45 day money back guarantee and a 1 year warranty. Those are the only two protections regarding the device. For example, if we were to go out of business, we would not be sending refunds to anyone." The enjoyment of the service can also terminate if the provider changes the Terms of Service and/or the Privacy Policy: in fact, in this case, the further use by the customer of the Hardware means his acceptance of the changes. Therefore, if the customer doesn't agree with the changes, the only option he has is to stop using the Hardware.


Automatic does not warrant that the operation of the Hardware, Software or Service [...] will be uninterrupted or error free (Source: Warranty).

Automatic reserves the right to (i) modify or discontinue, temporarily or permanently, the Service or Hardware (or any part thereof) and (ii) refuse any and all current and future use of the Service, suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any of Your Content in the Service, for any reason, including if Automatic believes that you have violated this TOS (Source: Terms of Service).

Automatic shall not be liable to you or any third party for any modification, suspension or discontinuation of the Service or Hardware (Source: Terms of Service).

We reserve the right, at our sole discretion, to change or modify portions of this TOS at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, whether through the Services user interface, in an email notification, or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Services or Hardware after the date any such changes become effective constitutes your acceptance of the new TOS (Source: Terms of Service).

Please read the Privacy Policy to understand how Automatic collects and uses personal information. By using the Service or the Hardware, you consent to our collection and use of personal data as outlined therein (Source: Terms of Service).

Our products and services (and our business) may change from time to time. As a result, at times we may need to make changes to this Privacy Policy. We reserve the right to update or modify this Privacy Policy at any time and from time to time without prior notice. However, if we make any material changes we will notify you by email or by a notice on our website (Source: Privacy Policy).

10. Are there explicit duration boundaries to consumer’s enjoyment of the service? Yes
Consumer's enjoyment of the service could terminate at any time: in fact, the provider reserves to himself the right to discontinue the Service, to terminate the customer’s account or use of the Service.

Therefore there are duration boundaries to consumer's enjoyment of the service, but these boundaries are not-prefixed and only contingent. Moreover, the provider excludes any liability of his own in case of discontinuation. However, if the service was a fee-bearing service, and its discontinuation has been without cause, the amount already paid by the customer but not already accrued would be refunded. The enjoyment of the service can also terminate if the provider changes the Terms of Service and/or the Privacy Policy and/or the prices of the Service: in fact, in this case, the further use by the customer of the Service means his acceptance of the changes. Therefore, if the customer doesn't agree with the changes, the only option he has is to stop using the Service.


Automatic does not warrant that the operation of the Hardware, Software or Service [...] will be uninterrupted or error free (Source: Warranty).

You have the right to terminate your account at any time in accordance with the procedures set forth on the Site (Source: Terms of Service).

Automatic reserves the right to (i) modify or discontinue, temporarily or permanently, the Service or Hardware (or any part thereof) and (ii) refuse any and all current and future use of the Service, suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any of Your Content in the Service, for any reason, including if Automatic believes that you have violated this TOS (Source: Terms of Service).

Automatic shall not be liable to you or any third party for any modification, suspension or discontinuation of the Service or Hardware (Source: Terms of Service).

If Automatic terminates your account without cause and you have signed up for a fee-bearing service, Automatic will refund the pro-rated, unearned portion of any amount that you have prepaid to Automatic for such Service. However, all accrued rights to payment and the terms of Section 5-14 shall survive termination of this TOS(Source: Terms of Service).

We reserve the right, at our sole discretion, to change or modify portions of this TOS at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, whether through the Services user interface, in an email notification, or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Services or Hardware after the date any such changes become effective constitutes your acceptance of the new TOS (Source: Terms of Service).

We reserve the right to change Automatic’s prices. If Automatic does change prices, Automatic will provide you with notice of the change on the Site or in email to you, at Automatic’s option, at least 30 days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount (Source: Terms of Service).

Please read the Privacy Policy to understand how Automatic collects and uses personal information. By using the Service or the Hardware, you consent to our collection and use of personal data as outlined therein (Source: Terms of Service).

Our products and services (and our business) may change from time to time. As a result, at times we may need to make changes to this Privacy Policy. We reserve the right to update or modify this Privacy Policy at any time and from time to time without prior notice. However, if we make any material changes we will notify you by email or by a notice on our website (Source: Privacy Policy).

11. Are there explicit terms and conditions allowing the consumer to access (view only) his data? Yes
The customer has the right to access the data collected by Automatic during the driving and hosted in the provider's cloud.

On the other hand, the provider reserves to himself the right to remove the data made available by himself through the service, for any reason or for no reason at all.


The data created when you drive is securely hosted on our servers and is yours to explore, download, and use however you like. We provide many ways for you to access your data, like our web dashboard and developer API. You can also stop using Automatic and ask us to permanently delete your data from our servers at any time (Source: Privacy Policy).

[W]e've released an API so users can extract their own data to view it in a different format and so developers can create new and useful tools for themselves and potentially others. The API would be useless if everyone's data were trapped just on their phones (Source: https://community.automatic.com/automatic/topics/is_all_of_my_data_online_somewhere).

You are solely responsible for all data, information, feedback, suggestions, text, content and other materials that you upload, post, deliver, provide or otherwise transmit or store (hereafter “post(ing)”) in connection with or relating to the Service or the Hardware (“Your Content”) (Source: Terms of Service).

The “Service” includes [...] data, reports, text, images, sounds, video, and content made available through any of the foregoing (collectively referred to as the “Content”) (Source: Terms of Service).

Automatic has the right, but not the obligation, to monitor the Service, Hardware, Content or Your Content. You further agree that Automatic may remove or disable any Content at any time for any reason [...], or for no reason at all (Source: Terms of Service).

Automatic reserves the right to (i) modify or discontinue, temporarily or permanently, the Service or Hardware (or any part thereof) and (ii) refuse any and all current and future use of the Service, suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any of Your Content in the Service, for any reason, including if Automatic believes that you have violated this TOS. Automatic shall not be liable to you or any third party for any modification, suspension or discontinuation of the Service or Hardware. Automatic will use good faith efforts to contact you to warn you prior to suspension or termination of your account by Automatic. All of Your Content on the Service (if any) may be permanently deleted by Automatic upon any termination of your account in its sole discretion (Source: Terms of Service).

The “Service” includes (a) the Site, (b) Automatic’s vehicle information and related services, and (c) all mobile applications and other software (including the Software, as defined below), data, reports, text, images, sounds, video, and content made available through any of the foregoing (collectively referred to as the “Content”) (Source: Terms of Service).

12. Are there explicit terms and conditions allowing the consumer to delete his data? Yes
The provider confers to the customer the right to ask for and obtain the deletion of his information from the provider's server. The customer has also the right to delete his account at any time.

The data created when you drive is securely hosted on our servers and is yours to explore, download, and use however you like. We provide many ways for you to access your data, like our web dashboard and developer API. You can also stop using Automatic and ask us to permanently delete your data from our servers at any time (Source: Privacy Policy).

We store the information described above on the Automatic Link, in the App, and on our servers. To permanently delete your information, please follow these steps: 1. Delete the App from your smartphone. 2. Write to us at support@automatic.com and ask us to delete your account. We will then delete your account. Given how our backup systems work, your data may remain in our backups for some time after we delete it from our servers (Source: Privacy Policy).

Automatic reserves the right to (i) modify or discontinue, temporarily or permanently, the Service or Hardware (or any part thereof) and (ii) refuse any and all current and future use of the Service, suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any of Your Content in the Service, for any reason, including if Automatic believes that you have violated this TOS. Automatic shall not be liable to you or any third party for any modification, suspension or discontinuation of the Service or Hardware. Automatic will use good faith efforts to contact you to warn you prior to suspension or termination of your account by Automatic. All of Your Content on the Service (if any) may be permanently deleted by Automatic upon any termination of your account in its sole discretion (Source: Terms of Service).

You have the right to terminate your account at any time in accordance with the procedures set forth on the Site (Source: Terms of Service).

13. Are there explicit terms and conditions allowing the consumer to export (with proprietary format) his data? Yes
The data collected by Automatic can be downloaded from the provider's server by the customer.


The data created when you drive is securely hosted on our servers and is yours to explore, download, and use however you like. We provide many ways for you to access your data, like our web dashboard and developer API. You can also stop using Automatic and ask us to permanently delete your data from our servers at any time (Source: Privacy Policy).

[W]e've released an API so users can extract their own data to view it in a different format and so developers can create new and useful tools for themselves and potentially others. The API would be useless if everyone's data were trapped just on their phones (Source: https://community.automatic.com/automatic/topics/is_all_of_my_data_online_somewhere).

To download/export your driving data from the web dashboard, simply click on the “Export” button in the lower right hand corner of the page. Once you click on export, you will be presented with the following export options:

  • Export selected trips
  • Export trips currently in trip list
  • Export all trips

Once you click on one of the above options, the data will download into a .CSV file on your computer. (Source: https://community.automatic.com/automatic/topics/how-do-i-download-export-my-driving-data-from-the-web-dashboard).

Can I download my data? Yes, you can with our Open API and the web dashboard (https://community.automatic.com/automatic/topics/can_i_download_my_data_in_spreadsheet_form).

14. Are there explicit terms and conditions allowing the consumer to export (with open format) his data? Yes
The data collected by Automatic can be downloaded from the provider's server by the customer, in an open format (CSV), and it can be used however the user likes.


[W]e've released an API so users can extract their own data to view it in a different format and so developers can create new and useful tools for themselves and potentially others. The API would be useless if everyone's data were trapped just on their phones (Source: https://community.automatic.com/automatic/topics/is_all_of_my_data_online_somewhere).

The data created when you drive is securely hosted on our servers and is yours to explore, download, and use however you like. We provide many ways for you to access your data, like our web dashboard and developer API. You can also stop using Automatic and ask us to permanently delete your data from our servers at any time (Source: Privacy Policy).

To download/export your driving data from the web dashboard, simply click on the “Export” button in the lower right hand corner of the page. Once you click on export, you will be presented with the following export options:

  • Export selected trips
  • Export trips currently in trip list
  • Export all trips

Once you click on one of the above options, the data will download into a .CSV file on your computer. (Source: https://community.automatic.com/automatic/topics/how-do-i-download-export-my-driving-data-from-the-web-dashboard).

15. Does the provider reserve to himself the right to unilaterally modify terms and conditions? Yes
The provider may change both the Terms of Service and the Privacy Policy, and the continued use of the Service or the Hardware by the customer means that he accepts those changes.

The provider may change the prices of the Service, and the continued use of the Service by the customer means that he accepts those changes.


By accepting this TOS or by accessing or using the Service or Site, you acknowledge that you have read, understood, and agree to be bound by this TOS [Terms of Service]. If you do not agree with this TOS, you must not accept this TOS and may not use the Service (Source: Terms of Service).

You acknowledge that this TOS is a contract between you and Automatic, even though it is electronic and is not physically signed by you and Automatic, and it governs your use of the Service and Hardware and takes the place of any prior agreements between you and Automatic related to the subject matter hereof. (Source: Terms of Service).

We reserve the right, at our sole discretion, to change or modify portions of this TOS at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, whether through the Services user interface, in an email notification, or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Services or Hardware after the date any such changes become effective constitutes your acceptance of the new TOS (Source: Terms of Service).

Any updates or new features added to or augmenting the Service or the Hardware are also subject to this TOS (Source: Terms of Service).

We reserve the right to change Automatic’s prices. If Automatic does change prices, Automatic will provide you with notice of the change on the Site or in email to you, at Automatic’s option, at least 30 days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount (Source: Terms of Service).

Please read the Privacy Policy to understand how Automatic collects and uses personal information. By using the Service or the Hardware, you consent to our collection and use of personal data as outlined therein (Source: Terms of Service).

Our products and services (and our business) may change from time to time. As a result, at times we may need to make changes to this Privacy Policy. We reserve the right to update or modify this Privacy Policy at any time and from time to time without prior notice. However, if we make any material changes we will notify you by email or by a notice on our website (Source: Privacy Policy).

16. Does the provider reserve to himself the right to unilaterally modify the software? Yes
The provider reserves to himself the right to automatically update the embedded software.


[T]o keep the Software up-to-date, you agree that we may automatically provide you with such updates without your further consent or notice to you (Source: Terms of Service).

Our products and services (and our business) may change from time to time (Source: Privacy Policy).

Technical characteristics

1. Which is the duration of the provider role? Continuing
The data collected by the adapter is sent to the user's smartphone, and then both this data and the data directly connected by the smartphone's GPS are sent to the provider's server, where they are processed and correlated. When I asked - sending an e-mail to support@automatic.com - if a copy of the raw data collected by the smartphone remains on the smartphone also after the transfer to the provider's server, the answer has been negative: "our raw data is not stored on your phone, only on our servers". The storage and the processing are therefore remote.

Only if you have the Automatic's second generation adapter, you can use some apps - the Streaming Apps - without Automatic's cloud as intermediary; specifically, this is how the support service has explained to me the operation of these apps: "the data is streamed to your phone through the app (DashCommand, OBD Fusion, Harry's LapTimer) and uses the app itself to process the data. The 2nd gen adapter has Dual Bluetooth so it pairs with your phone and the Streaming App at the same time."


The data created when you drive is securely hosted on our servers and is yours to explore, download, and use however you like. We provide many ways for you to access your data, like our web dashboard and developer API. You can also stop using Automatic and ask us to permanently delete your data from our servers at any time (Source: Privacy Policy).

[W]e've released an API so users can extract their own data to view it in a different format and so developers can create new and useful tools for themselves and potentially others. The API would be useless if everyone's data were trapped just on their phones (Source: https://community.automatic.com/automatic/topics/is_all_of_my_data_online_somewhere).

To download/export your driving data from the web dashboard, simply click on the “Export” button in the lower right hand corner of the page. Once you click on export, you will be presented with the following export options:

  • Export selected trips
  • Export trips currently in trip list
  • Export all trips

Once you click on one of the above options, the data will download into a .CSV file on your computer. (Source: https://community.automatic.com/automatic/topics/how-do-i-download-export-my-driving-data-from-the-web-dashboard).

Your data is securely stored on Automatic’s servers, also sometimes referred to as "the cloud". [... S]toring this data in the cloud lets you switch phones [...] at any time and keep using Automatic without any additional setup and without losing any data. [... W]e've released an API so users can extract their own data to view it in a different format and so developers can create new and useful tools for themselves and potentially others. The API would be useless if everyone's data were trapped just on their phones (Source: https://community.automatic.com/automatic/topics/is_all_of_my_data_online_somewhere).

[T]he adapter can only cache 8 hours worth of driving data. After which point, the adapter will begin to dump old driving/trip data. If you drive more than 8 hours without connecting to the adapter, this trip data will be lost and will never appear in your trip timeline (Source: https://community.automatic.com/automatic/topics/what_happens_if_i_drive_without_my_phone).

[A]s you're driving, the adapter collects raw data from the car while the app on your phone while the app uses the GPS from your phone (and also the adapter itself if you’re using a 2nd generation adapter) to collect route data. Once the trip ends (ignition off), the raw data from the adapter transfers to your phone and then all of that gets sent to our servers. The driving data and collected GPS data are then correlated to create the trip which then gets sent back to your phone after being processed on our servers (Source: https://community.automatic.com/automatic/topics/what_happens_if_i_drive_without_my_phone).

You shall not [...] modify, adapt or hack the Service or the Hardware to, or otherwise attempt to, gain unauthorized access to the Service, the Hardware or their related systems or networks, or [...] use the Service or Hardware to obtain or attempt to access any materials or information through any means not intentionally made available or provided for through the Service or Hardware (Source: Terms of Service).

The 2nd generation Automatic adapter allows you to use streaming apps. Streaming apps are a new class of integrations that stream data directly from your Automatic adapter rather than from the cloud. That means that you can use apps like DashCommand, OBD Fusion, and Harry’s LapTimer to read engine data in real time, with an ultra-fast refresh rate and without the delay of going up to our servers (Source: https://www.automatic.com/support/).

The Automatic Streaming SDK lets 3rd party apps stream raw on-board diagnostics (OBD-II) data directly from the Automatic car adapter via Bluetooth. (User must have 2nd generation Automatic adapter.) (Source: https://developer.automatic.com/).

2. Is the branded hardware necessary for product usability? Yes
The Automatic's adapter is necessary in order to use the product, because it is forbidden both to use the embedded software on a different hardware and to access the Service by any means other than through the interface that is provided by Automatic.


[I]n the case of Software embedded on the Hardware, you may only use such Software on the Hardware (Source: Terms of Service).

You shall not [...] modify, adapt or hack the Service or the Hardware to, or otherwise attempt to, gain unauthorized access to the Service, the Hardware or their related systems or networks, or [...] use the Service or Hardware to obtain or attempt to access any materials or information through any means not intentionally made available or provided for through the Service or Hardware (Source: Terms of Service).

[Y]ou shall not (and shall not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code (Source: Terms of Service).

You agree not to access the Service by any means other than through the interface that is provided by Automatic for use in accessing the Service (Source: Terms of Service).

3. Is the branded software necessary for product usability? Yes
The Automatic's software is necessary for product usability, because it is forbidden to access the Service by any means other than through the interface that is provided by Automatic, and because it is forbidden to use the Service and the Hardware in connection with tools not intentionally made available or provided for by Automatic Labs through the Service or Hardware: therefore, it isn't possible to use the product in connection with a software not embedded by Automatic on the Hardware or provided for download through the Service.


You shall not [...] use the Service or Hardware to obtain or attempt to access any materials or information through any means not intentionally made available or provided for through the Service or Hardware (Source: Terms of Service).

You agree not to access the Service by any means other than through the interface that is provided by Automatic for use in accessing the Service (Source: Terms of Service).

You shall not [...] modify, adapt or hack the Service or the Hardware to, or otherwise attempt to, gain unauthorized access to the Service, the Hardware or their related systems or networks, or [...] use the Service or Hardware to obtain or attempt to access any materials or information through any means not intentionally made available or provided for through the Service or Hardware (Source: Terms of Service).

The “Service” includes (a) the Site, (b) Automatic’s vehicle information and related services, and (c) all mobile applications and other software (including the Software, as defined below), data, reports, text, images, sounds, video, and content made available through any of the foregoing (collectively referred to as the “Content”) (Source: Terms of Service).

4. Is the branded "service" necessary for product usability? Yes
The Automatic's service is necessary for product usability, because the software provided by Automatic can be used only in connection with Automatic's service, and because the Hardware can't be used in connection with tools not intentionally made available or provided for by Automatic Labs.


Automatic hereby grants you a personal, non-transferable, non-sublicensable and non-exclusive right and license to use the object code of any Software solely in connection with the Service (Source: Terms of Service).

[A]s you're driving, the adapter collects raw data from the car while the app on your phone while the app uses the GPS from your phone (and also the adapter itself if you’re using a 2nd generation adapter) to collect route data. Once the trip ends (ignition off), the raw data from the adapter transfers to your phone and then all of that gets sent to our servers. The driving data and collected GPS data are then correlated to create the trip which then gets sent back to your phone after being processed on our servers (Source: https://community.automatic.com/automatic/topics/what_happens_if_i_drive_without_my_phone).

The 2nd generation Automatic adapter allows you to use streaming apps. Streaming apps are a new class of integrations that stream data directly from your Automatic adapter rather than from the cloud. That means that you can use apps like DashCommand, OBD Fusion, and Harry’s LapTimer to read engine data in real time, with an ultra-fast refresh rate and without the delay of going up to our servers (Source: https://www.automatic.com/support/).

The Automatic Streaming SDK lets 3rd party apps stream raw on-board diagnostics (OBD-II) data directly from the Automatic car adapter via Bluetooth. (User must have 2nd generation Automatic adapter.) (Source: https://developer.automatic.com/).

You shall not [...] modify, adapt or hack the Service or the Hardware to, or otherwise attempt to, gain unauthorized access to the Service, the Hardware or their related systems or networks, or [...] use the Service or Hardware to obtain or attempt to access any materials or information through any means not intentionally made available or provided for through the Service or Hardware (Source: Terms of Service).

The “Service” includes (a) the Site, (b) Automatic’s vehicle information and related services, and (c) all mobile applications and other software (including the Software, as defined below), data, reports, text, images, sounds, video, and content made available through any of the foregoing (collectively referred to as the “Content”) (Source: Terms of Service).

5. Do the device's administration rights belong to the product provider? Not processed
Irrespective of the identity of the device administrator, it is the provider who calls the shots of product usability: in fact, he can - for any reason - i. access, suspend and terminate the customer's account, ii. monitor, refuse any further use of, modify and discontinue - even permanently - the service, iii. monitor, discard and remove the content, and iv. - most importantly - monitor, modify and discontinue - even permanently - the hardware.


Automatic reserves the right to access your account in order to respond to your requests for technical support (Source: Terms of Service).

Automatic has the right, but not the obligation, to monitor the Service, Hardware, Content or Your Content. You further agree that Automatic may remove or disable any Content at any time for any reason [...], or for no reason at all (Source: Terms of Service).

Automatic reserves the right to (i) modify or discontinue, temporarily or permanently, the Service or Hardware (or any part thereof) and (ii) refuse any and all current and future use of the Service, suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any of Your Content in the Service, for any reason, including if Automatic believes that you have violated this TOS (Source: Terms of Service).

Automatic reserves the right to [...] modify or discontinue, temporarily or permanently, the Service or Hardware (or any part thereof) (Source: Terms of Service).

6. Which possibilities does the consumer have to dispose of his data? Access, Data export, Interoperability
The customer can access by different means his data stored on the cloud, but he has to remember that the provider could remove it for any reason.

The customer can't delete by himself his data, even if he has the right to ask the provider for its deletion. The customer can download his data in an open format, and use it however he wants. Pay attention to the fact, however, that most of this information is already processed information, and not raw data. In fact, when I asked for more information - writing an e-mail to support@automatic.com -, the support service has specified that "The information you receive back on your phone is the processed data. We don't send you the raw data", and that "Although you can export trip data from the Web Dashboard, it is already processed, not raw, data.". However, The raw data is accessible through the API.


You are solely responsible for all data, information, feedback, suggestions, text, content and other materials that you upload, post, deliver, provide or otherwise transmit or store (hereafter “post(ing)”) in connection with or relating to the Service or the Hardware (“Your Content”) (Source: Terms of Service).

The “Service” includes [...] data, reports, text, images, sounds, video, and content made available through any of the foregoing (collectively referred to as the “Content”) (Source: Terms of Service).

Automatic has the right, but not the obligation, to monitor the Service, Hardware, Content or Your Content. You further agree that Automatic may remove or disable any Content at any time for any reason [...], or for no reason at all (Source: Terms of Service).

Automatic reserves the right to (i) modify or discontinue, temporarily or permanently, the Service or Hardware (or any part thereof) and (ii) refuse any and all current and future use of the Service, suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any of Your Content in the Service, for any reason, including if Automatic believes that you have violated this TOS. Automatic shall not be liable to you or any third party for any modification, suspension or discontinuation of the Service or Hardware. Automatic will use good faith efforts to contact you to warn you prior to suspension or termination of your account by Automatic. All of Your Content on the Service (if any) may be permanently deleted by Automatic upon any termination of your account in its sole discretion (Source: Terms of Service).

The data created when you drive is securely hosted on our servers and is yours to explore, download, and use however you like. We provide many ways for you to access your data, like our web dashboard and developer API. You can also stop using Automatic and ask us to permanently delete your data from our servers at any time (Source: Privacy Policy).

Your data is securely stored on Automatic’s servers, also sometimes referred to as "the cloud". [... S]toring this data in the cloud lets you switch phones [...] at any time and keep using Automatic without any additional setup and without losing any data. [... W]e've released an API so users can extract their own data to view it in a different format and so developers can create new and useful tools for themselves and potentially others. The API would be useless if everyone's data were trapped just on their phones (Source: https://community.automatic.com/automatic/topics/is_all_of_my_data_online_somewhere).

[T]he adapter can only cache 8 hours worth of driving data. After which point, the adapter will begin to dump old driving/trip data. If you drive more than 8 hours without connecting to the adapter, this trip data will be lost and will never appear in your trip timeline (Source: https://community.automatic.com/automatic/topics/what_happens_if_i_drive_without_my_phone).

[A]s you're driving, the adapter collects raw data from the car while the app on your phone while the app uses the GPS from your phone (and also the adapter itself if you’re using a 2nd generation adapter) to collect route data. Once the trip ends (ignition off), the raw data from the adapter transfers to your phone and then all of that gets sent to our servers. The driving data and collected GPS data are then correlated to create the trip which then gets sent back to your phone after being processed on our servers (Source: https://community.automatic.com/automatic/topics/what_happens_if_i_drive_without_my_phone).

The 2nd generation Automatic adapter allows you to use streaming apps. Streaming apps are a new class of integrations that stream data directly from your Automatic adapter rather than from the cloud. That means that you can use apps like DashCommand, OBD Fusion, and Harry’s LapTimer to read engine data in real time, with an ultra-fast refresh rate and without the delay of going up to our servers (Source: https://www.automatic.com/support/).

The Automatic Streaming SDK lets 3rd party apps stream raw on-board diagnostics (OBD-II) data directly from the Automatic car adapter via Bluetooth. (User must have 2nd generation Automatic adapter.) (Source: https://developer.automatic.com/).

Usability

1. Can the consumer enjoy the product for an unlimited period? No
The provider reserves to himself the right (see CC9 and CC10) and has the power of (see TC5) discontinuing, even permanently, the Hardware and the Service, for any reason.
2. Can the consumer sell the device? Yes
The Legal Information provided didn't contain an explicit prohibition, but some clauses concerning the embedded software might have driven us to answer negatively anyway. However, the support service has answered affirmatively to this question. Moreover, even in the case of a prohibition, practically the resale wouldn't be difficult to implement, provided that the customer doesn't use a sale channel that enables Automatic Labs to find out that a sale has taken place (see CC6).
3. Can the consumer transfer the account? No
The consumer can't transfer his account, but it doesn't seem a big problem in the present case, because it is unlikely that he will feel the need of such a transfer (see CC7).
4. Can the consumer delete his data? No
He can't delete in first person his data from Automatic's cloud (see TC6), but he has the right to ask Automatic for and obtain this deletion (see CC12).
5. Can the consumer delete his account? Yes
The customer has the right to terminate his account at any time (see CC12).
6. Can the consumer use his data? Yes
The consumer can export his already processed data from Automatic's server in an open format and use it however he wants (see TC6 and CC14). However, if he doesn't export his data, he must remember that this data could be deleted by Automatic for any reason and for no reason at all (see CC11).

Automatic also provides a developer API, in order to enable users to extract raw data from its server and create new tools (see CC14).

7. Can the consumer use the HW and SW in combination with third party SRV? No
The answer is negative because the third-party services with which the hardware and the software can be used are only supplemental services authorized by the product provider (see CC8 and TC4). However, thanks to the developer API provided, the third-party services authorized form a large and not completely predetermined category (see CC8).
8. Can the consumer use the HW and SRV in combination with third party SW? No
It is forbidden to use the Hardware and the Service in connection with software that has not been made available or provided for by Automatic Labs through the Service or Hardware (see TC3). Moreover, it is forbidden to access the Service by any means other than through the interface that is provided by Automatic (see TC3).
9. Can the consumer use the SW and SRV in combination with third party HW? No
It is forbidden both to use the embedded software on a different hardware and to access the Service by any means other than through the interface that is provided by Automatic (see TC2).
10. Can the consumer use the HW in combination with third party SW and SRV? No
It is forbidden to use the Hardware and the Service in connection with software that has not been made available or provided for by Automatic Labs through the Service or Hardware (see TC3).

The third-party services with which the hardware can be used are only supplemental services authorized by the product provider (see CC8 and TC4).

11. Can the consumer use the SW in combination with third party HW and SRV? No
It is forbidden to use the embedded software on a different hardware (see TC2).

The software provided by Automatic can be used only in connection with Automatic's service (see CC8 and TC4).

12. Can the consumer use the SRV in combination with third party HW and SW? No
It is forbidden to use the Service in connection with software that has not been made available or provided for by Automatic Labs through the Service or Hardware (see TC3). Moreover, it is forbidden to access the Service by any means other than through the interface that is provided by Automatic (see TC3).