App Terms and Conditions

The terms and conditions below apply to anyone who is using the App, whether or not You are enrolled in any special programs. It is important that You read and understand these Mobile Application Terms and Conditions, including any amendments (the "Terms and Conditions"). By clicking the "I agree" button on the Sonnet Mobile Application (the "Sonnet App"), You will be deemed to have read and agreed to these Terms and to be bound by them and will be able to start using the Sonnet App. If You do not agree with these Terms and Conditions, You must not use the Sonnet App. These Terms and Conditions will apply every time You use the Sonnet App. You may review these Terms and Conditions by visiting the main menu on the Sonnet App, and selecting "More" navigation tab and then navigating to the "Legal" subsection.

If You do not agree with all of these Terms and Conditions, You should not use the Sonnet App and/or delete the Sonnet App from Your device.

Sonnet reserves the right to modify these Terms and Conditions for minor non- substantive changes such as revisions to the grammar and or formatting, or an improvement to clarify the Terms and Conditions to make them clearer to understand.

If We do make significant changes to these Terms and Conditions, We will provide notice of the modifications to You within the Sonnet App and will request Your agreement with these modified Terms and Conditions. In order to use the Sonnet App, You will be required to accept the modified Terms and Conditions. If You do not consent to the modified Terms and Conditions, Your access to the Sonnet App will be disabled.

You must immediately cease using the Sonnet App and delete the Sonnet App from Your mobile device if You do not agree with the Terms and Conditions, as modified. Continued use of the Sonnet App, after You have accepted any modified Terms and Conditions communicated to You by Sonnet constitutes acceptance of the Terms and Conditions, as modified, from the date You have accepted those modified Terms and Conditions.

1. DEFINITIONS

Unless defined elsewhere in these Terms and Conditions, the following terms shall have the definitions given to them here:

"Data" means any and all data and information collected on or by the Sonnet App, including Your Personal Information, that is not related to Special Insurance Program products.
“Personal Information” means information about an identifiable individual.
“Policy” means Your current insurance policy or policies with Us.
“Privacy Terms” means the Sonnet privacy statement at https://www.sonnet.ca/privacy.
"Program" means the Sonnet™ mobile application program.
"Sonnet", "We", “Our” and "Us" refer to Sonnet Insurance Company, an affiliate of Definity Insurance Company.
“Special Insurance Program” means any special program of personal insurance offered by Sonnet, including but not limited to the Program;
"You" and "Your" refer to the person hereby agreeing to these Terms and Conditions.

2. INFORMATION ABOUT THE SONNET APP

The use of the Sonnet App will allow You to see any insurance products and coverages You have with Us, allow You to renew Your Policies, enroll in Special Insurance Programs, make payments, contact Sonnet through a secure chat feature, initiate a claim under Your Policy, or make certain changes to Your Policy. Your use of the Sonnet App is voluntary and You are not required to use the Sonnet App to have a Policy with Sonnet. You may stop using the Sonnet App at any time in accordance with these Terms and Conditions.

3. YOUR USAGE OF THE SONNET APP

3.1 Usage of the Sonnet App

You must meet the requirements set out in Section 3.2 at all times while using the Sonnet App.
If You are enrolled in any Special Insurance Programs, there may be unique eligibility requirements that govern Your participation in that Special Insurance Program and Your use of the Sonnet App as part of that Special Insurance Program. The terms and conditions that apply to the specific Special Insurance Program will detail the eligibility requirements that relate to that Special Insurance Program.

3.2 Eligibility Requirements for using the Sonnet App

In order to use the Sonnet App, You must at all times maintain the following minimum eligibility requirements:

  1. the operating system (the “OS") of Your mobile device must be either “Android” or “IOS” (i.e. iPhone) and should be supported by one of the last 3 major OS versions available.
  2. if Your mobile device runs Android, You must install Google Play Services and install the latest version of the application when an update becomes available;
  3. You must have a data plan with Your mobile carrier for the applicable mobile device (the Sonnet App may use some of Your mobile device's data capacity);
  4. You have provided a valid email address; and
  5. You have downloaded the Sonnet App and agreed to these Terms and Conditions and have accepted any amendments to the Terms and Conditions as described above.

3.3 Termination, Suspension, Blocking, and Cancellation of Your use of the Sonnet App

  1. You may terminate Your use of the Sonnet App at any time by uninstalling or deleting the Sonnet App. Your termination of use of the Sonnet App may affect certain Special Insurance Programs in which You may be enrolled. If You are enrolled in any Special Insurance Programs You must consult the terms and conditions that apply to that Special Insurance Programs to determine the effect of terminating use of the Sonnet App on such Special Insurance Programs.
    Your termination of the use of the Sonnet App does not cancel a Policy. If You want to cancel Policy You will have to follow directions for cancelling a Policy as communicated or made available to You by Us from time to time.
  2. We may terminate Your use of the Sonnet App in the event of non-compliance with these Terms and Conditions. In addition to any termination rights in these Terms and Conditions, We may suspend, cancel, block access to, or use of, the Sonnet App at Our sole discretion at any time without penalty to Us and without notice to You.
  3. We may modify or terminate the Sonnet App at any time for any reason without prior notice to You.

4. DISCLAIMIER OF PERFORMANCE

SONNET, AND EACH OF OUR AFFILIATES, MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTEES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR COLLATERAL, OR ARISING FROM A COURSE OF DEALING, OR USAGE OF TRADE, WITH RESPECT TO THE PERFORMANCE OF YOUR MOBILE DEVICE, THE SONNET APP, AND THE DATA GENERATED BY YOUR MOBILE DEVICE.

5. USE OF THE SONNET APP

5.1 Licence

Provided You comply with these Terms and Conditions, We grant You a revocable, limited, non-transferrable, non-exclusive, personal licence to use the Sonnet App on any mobile device that You own or control and that satisfies the requirements set out in section 3.2 of these Terms and Conditions. We have the right to grant You this licence to use the Sonnet App and also have the right to terminate this licence at any time, in accordance with these Terms and Conditions. Any use of the Sonnet App must also be in accordance with the applicable usage rules detailed in the Apple App Store® terms and conditions or the Google Play® Terms of Service, whichever is applicable.

5.2 Sonnet App Updates

If We upgrade, update or modify the Sonnet App including but not limited to bug fixes, patches and new versions provided to You (collectively the “Updates”), You may be required to promptly install the Updates in order for You to be able to continue to access and use the Sonnet App. Your failure to promptly install Updates may result in Our termination of Your access to the Sonnet App. We may provide You with prior notice of the Updates. However, if the Updates are for the proper functioning of the Sonnet App, or safety or security of the Sonnet App or any systems or networks, then You may not receive prior notice of such Updates. We are not under any obligation to publish Updates.
This section 5.2 does not apply to updates relating to any Special Insurance Programs in which You may be enrolled and the Privacy Terms. For updates relating to Special Insurance Programs please see the terms and conditions that apply to that program. For updates relating to the Privacy Terms, please see section 1 of these Terms.

5.3 Proprietary Rights

The Sonnet App is licensed, not sold, to You. The Sonnet App, including all text, graphics, user and visual interfaces, trade-marks, logos, computer code, documentation and other content (collectively, the "Content"), is the exclusive property of its lawful owner and is protected by copyright, trade-mark and other intellectual property laws. We also own the Data gathered by the Sonnet App, other than Your Personal Information.

5.4 Trade-marks

Certain names, graphics, logos, icons, designs, words, titles or phrases on the Sonnet App or website including, without limitation, Sonnet Shift™, Economical Shift™, Definity Shift™ (and the corresponding French names, graphics, logos, icons, designs, words, titles or phrases) are trade names, or trade-marks owned by Sonnet insurance Company and/or its affiliates. Trade-marks may be registered in Canada and in other countries as applicable. Sonnet’s trade-marks are, in most cases, accompanied by an appropriate trade-mark symbol such as ®, or ™or similar notation to indicate Sonnet’s or its affiliates’ ownership. The display of trade-marks on the Sonnet App does not imply or confer a licence of any kind has been granted to You or anyone else. Any unauthorized downloading, re-transmission or other copying or modification of trade-marks and/or the contents herein may be a violation of federal, provincial or common law including trade-mark and/or copyright laws and may subject the person copying to legal action.

5.5 Licence Restrictions and Acceptable Use

Except as expressly provided in these Terms and Conditions, no part of the Sonnet App or Content may be copied, reproduced, sold, rented, leased, lent, redistributed, sublicensed, republished, reposted or otherwise distributed for public or commercial use. You may not decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of, the Sonnet App or any part of it. You may not use the Sonnet App for any purpose that is illegal, fraudulent or infringes or misappropriates another person’s rights. You agree to comply with any other requirements, restrictions or limitations provided by Us upon notice to You. You further agree to comply with any requirements, restrictions or limitations provided by a third party (including the app store provider, Your mobile device provider or Your wireless services carrier) relating to Your use of the Sonnet App. You may not transmit any material that is defamatory, offensive or otherwise objectionable in relation to Your use of the Sonnet App or Content. You may not use the Sonnet App or the Content in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users. You may not collect or harvest any information or data from the Content or our systems or attempt to decipher any transmissions to or from the servers hosting the Content.

5.6 Cellular or Wireless Service

The Sonnet App transmits data via Your wireless carrier or accessible Wi-Fi network. We are not responsible or liable for any charges and expenses associated with the use of the Sonnet App or any other applications. The availability of the Sonnet App may occasionally be restricted, interrupted or discontinued due to conditions such as, but not limited to: application design, network coverage, government regulation, or other situations beyond our control.

5.7 Disclaimer of Warranty

THE SONNET APP IS PROVIDED "AS-IS," "WITH ALL FAULTS," AND "AS AVAILABLE." WE, AND EACH OF OUR AFFILIATES, MAKE NO REPRESENTATIONS, WARRANTIES, GUARANTEES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR COLLATERAL, OR ARISING FROM STATUTE, COURSE OF DEALING, OR USAGE OF TRADE, INCLUDING, BUT NOT LIMITED TO, IMPLIED REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONALITY OR OPERATION OF THE SONNET APP WILL BE SECURE, UNINTERRUPTED, OR FREE FROM ERROR, THAT ANY DEFECTS IN THE SONNET APP WILL BE CORRECTED, OR THAT THE SONNET APP OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS. BY USING THE SONNET APP ON YOUR MOBILE DEVICE, IT IS POSSIBLE THAT THE WARRANTIES COVERING YOUR MOBILE DEVICE ARE VOIDED, THAT YOUR MOBILE DEVICE MAY BE DAMAGED, THAT DATA STORED IN YOUR MOBILE DEVICE MAY BE CORRUPTED, AND THAT YOUR PROPERTY MAY BE DAMAGED. YOU AGREE THAT YOUR USE OF OR INABILITY TO USE THE SONNET APP IS AT YOUR SOLE RISK. YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SONNET APP DOES NOT GUARANTEE THAT YOU WILL RECEIVE OR ENJOY ANY BENEFITS, CREDITS OR OTHER ADVANTAGES OR PERKS, NOR DOES YOUR USE OF THE SONNET APP IN ANY WAY RESTRICT YOUR LIABILITY FOR ANY FINES, PENALTIES OR OTHER MEASURES THAT MAY BE LEVIED AGAINST YOU BY ANY APPLICABLE REGULATOR OR GOVERNMENTAL AUTHORITY.

5.8 Limitation of Liability

YOU AGREE THAT, TO THE EXTENT NOT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND OUR/THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, AND SUBCONTRACTORS DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO: DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE AND EXEMPLARY DAMAGES, AND DAMAGES FOR LOSS OF PROFITS, REVENUE, OPPORTUNITY, LOSS OF DATA, OR BUSINESS INTERRUPTION) IN ANY WAY ARISING FROM OR RELATING TO THE SONNET APP, YOUR USE OR INABILITY TO USE THE SONNET APP, AND/OR THESE TERMS AND CONDITIONS, INCLUDING INTERRUPTIONS OF SERVICE OR DELAY IN OPERATION OR TRANSMISSION, AND/OR ARISING FROM THIRD PARTY ACCESS TO PERSONAL INFORMATION INPUT IN THE SONNET APP, EVEN IF WE HAVE EXPRESS KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. WE WILL NOT HAVE ANY RESPONSIBILITY OR LIABILITY FOR THE SECURITY OF YOUR MOBILE DEVICE OR FOR ANY DAMAGE CAUSED TO YOUR MOBILE DEVICE ARISING FROM USE OF THE SONNET APP. YOU AGREE NOT TO SEEK TO RECOVER ANY DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, OPPORTUNITY, LOSS OF DATA OR BUSINESS INTERRUPTION) FROM US.

5.9 Compliance with Laws

You agree to comply with all applicable laws and regulations in Your Province, State or Territory of residence and those of Canada and other countries ("Law") when using the Sonnet App. You will ensure that the Sonnet App is not (1) exported, directly or indirectly, in violation of any Law, or (2) used for any purpose prohibited by any Law, including, without limitation, nuclear, chemical, or biological weapons proliferation. You further agree that You will not use the Sonnet App for any purpose prohibited under any Law.

5.10 Suggestions

If You want to submit ideas, feedback, suggestions or materials (“Suggestions”) to Sonnet regarding the Sonnet App (or any other particular product or service offered by Sonnet or its affiliates) through any means whatsoever, You grant to Us and Our affiliates, subcontractors, and third party service providers an unrestricted, irrevocable, transferable, non-exclusive, perpetual, worldwide licence to use, copy, sell, disclose, or publish the Suggestions for any purpose whatsoever (including developing and marketing products, services, or content using the Suggestions), and without any requirement for Us to provide You with any credit, notice, approval, or compensation for any such use. You waive Your moral rights in the Suggestions.

6. RESPONSIBILITY FOR YOUR MOBILE DEVICE

  1. You are responsible for the care and control of Your mobile device and if applicable, password, passcode and verification questions and answers (“User Information”). You must take reasonable steps to safeguard and protect Your mobile device and User Information.
  2. You must:
    1. maintain possession of Your mobile device;
    2. keep a lock screen or passcode lock (each a “Device Lock”) on Your mobile device at all times;
    3. keep Your User Information separate from the mobile device;
    4. keep Your User Information strictly confidential and not share it with anyone;
    5. take all reasonable precautions to ensure that no one finds out Your User Information, including while You key in User Information on Your mobile device;
    6. avoid User Information and Device Locks that may be easily determined by others, such as birthdays, phone numbers, age, social insurance number, etc.; and
    7. ensure that each password or other identifier is unique.
    c) Before You sell, give away, or dispose of Your mobile device or SIM card, You must ensure that all Personal Information stored in the Sonnet App is deleted.
    d) You are solely responsible for: (i) acquiring any hardware, device, wireless, Internet access and data plan required for You to use the Sonnet App; and (ii) any fees or other charges imposed by Your mobile device provider, wireless services carrier, or Internet service provider. It is Your responsibility to determine if Your mobile device provider, wireless services carrier or Internet service provider supports the Sonnet App or if Your mobile device is capable of accessing the Internet.
    e) You acknowledge that these Terms and Conditions are between You and Us and not with the app store provider (e.g. Google Inc. or Apple Inc.). You agree that the app store provider: (a) is not liable to You in any way whatsoever for the distribution, use, performance or non-performance of the Sonnet App; (b) has no obligation whatsoever to furnish any maintenance and support services to You with respect to the Sonnet App; (c) is not responsible for addressing any claims You may have relating to the Sonnet App or Your possession or use of the Sonnet App; (d) is not responsible for any third party claims that the Sonnet App or Your possession or use of the Sonnet App infringes such third party’s intellectual property rights; and (e) is a third party beneficiary to these Terms and Conditions solely in respect of this paragraph.

7. IF YOU HAVE A PROBLEM OR CONCERN

If You have a problem or concern, You may contact Us by visiting https://www.sonnet.ca/contact-us. For a more detailed overview of Our complaint process, visit Us at https://www.sonnet.ca/compliments-and-complaints.

If You have a complaint regarding a potential violation of a consumer protection law, a public commitment, or an industry code of conduct, You may contact the Financial Consumer Agency of Canada (FCAC) in writing at 6th Floor, Enterprise Building, 427 Laurier Ave. West, Ottawa, Ontario, K1R 1B9. The FCAC can also be contacted by telephone at 1-866-461-3222 (en français 1-866-461-2232) or through its website at www.fcac-acfc.gc.ca. Please note that the FCAC does not become involved in matters of redress or compensation.

8. APPLICABLE LAW & LANGUAGE

These Terms and Conditions are governed by the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario exclusive of conflict of law provisions and You submit to the exclusive jurisdiction of the Courts of the Province of Ontario with respect to any proceedings arising from these Terms and Conditions. These Terms and Conditions are not governed by the United Nations Convention on Contracts for the International Sale of Goods. It is the express wish of the parties that these Terms and Conditions and any directly or indirectly related documents be drawn up in English. Les parties ont exprimé la volonté expresse que les présentes modalités et tous les documents s’y rattachant directement ou indirectement soient rédigés en anglais.

9. SEVERABILITY

If any provision or portion of a provision of these Terms and Conditions is invalid or unenforceable, the remainder of these Terms and Conditions shall remain in force and effect to the fullest extent permitted by law.

10. Waiver

No failure or delay in enforcing the provisions of these Terms and Conditions constitutes a waiver of any of Our rights or remedies set out herein.

11. TRANSFER

We may transfer our rights and obligations under these Terms and Conditions to an affiliate at any time without notice to You.

12. WE ARE NOT RESPONSIBLE FOR OTHER WEBSITES YOU LINK TO

The Sonnet App or the Content may contain links to other independent websites that are not provided by Us. Such independent sites are not under our control, and We are not responsible for and have not checked and approved their content or their privacy policies (if any).
You will need to make Your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.