Terms of Service

Last updated: [Effective date — placeholder]

Draft — pending legal review. This document is a starting draft provided for transparency and has not yet been reviewed by legal counsel. It is not final and may change substantially. Bracketed items (such as the governing jurisdiction and the effective date) are placeholders.

These Terms of Service ("Terms") are a legal agreement between you and RallyTrax ("RallyTrax", "we", "us", or "our") and govern your access to and use of the RallyTrax mobile and desktop applications, the RallyTrax website, and any related features, content, and services (together, the "Service"). Please read them carefully. If you do not agree to these Terms, do not use the Service.

1. Acceptance of these Terms

By downloading, installing, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated into these Terms by reference. If you use the Service on behalf of an organization, you represent that you have authority to bind that organization, and "you" refers to both you and that organization.

2. Eligibility and accounts

• Minimum age. You must be at least 13 years old (or the higher minimum age required in your jurisdiction) to use the Service. If you are under the age of majority where you live, you may use the Service only with the involvement of a parent or legal guardian.
• Accounts. Some features (such as cloud sync, sharing, and community features) require you to sign in, currently via Google Sign-In. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.
• Accurate information. You agree to provide accurate information and to keep it up to date. You may not impersonate any person or entity or misrepresent your affiliation with anyone.
• One person, one account. You are responsible for any use of the Service through your account. Notify us promptly at the contact address below if you believe your account has been compromised.

3. Description of the Service

RallyTrax is a cross-platform driving and rally application. Depending on your platform and settings, the Service lets you:

• Record drives using your device's GPS and motion sensors;
• Generate rally-style pace notes from a recorded route's geometry;
• Replay a saved route with a synthetic audio co-driver that reads pace notes aloud;
• Organize a garage of vehicles, fuel logs, and maintenance records;
• Optionally sync your data across devices through cloud storage;
• Optionally share drives, routes, and profiles via public links; and
• Participate in community features such as segments and leaderboards where available.

The Service is provided for personal, non-commercial use. We may add, change, suspend, or remove features at any time. Some features are experimental, optional, or may not be available in every region or on every platform.

4. User content and the license you grant us

"User Content" means any content you create, upload, or make available through the Service, including recorded drives, routes, pace notes, vehicle and profile information, names, descriptions, and any content you share publicly.

• You own your content. As between you and RallyTrax, you retain all rights you already hold in your User Content. These Terms do not transfer ownership of your User Content to us.
• License to operate the Service. You grant RallyTrax a worldwide, non-exclusive, royalty-free license to host, store, reproduce, process, transmit, and display your User Content solely as necessary to operate, provide, secure, and improve the Service for you — for example, to sync your data across your devices.
• License for content you choose to share. When you use a feature that makes content public (such as a shared drive link, a public profile, or a community segment or leaderboard entry), you grant us the additional right to publicly display and distribute that specific content through those features, and to allow other users to view it, to the extent needed to provide the sharing feature you enabled. You can stop sharing by revoking a share link or removing the content, subject to caching and reasonable propagation delays.
• Your responsibility for your content. You represent that you have the rights necessary to share your User Content and that it does not violate these Terms or any law or third-party right.
• Feedback. If you send us suggestions or feedback, you grant us a perpetual, irrevocable, royalty-free license to use it without restriction or obligation to you.

5. Acceptable use

You agree not to, and not to help or permit anyone else to:

• Use the Service in any unlawful manner or for any unlawful purpose, or in violation of these Terms;
• Upload, share, or transmit content that is illegal, infringing, defamatory, harassing, hateful, threatening, or that violates the privacy or rights of others;
• Upload malware or interfere with, disrupt, or attempt to gain unauthorized access to the Service, its servers, or other users' accounts or data;
• Reverse engineer, decompile, or attempt to extract source code from the Service except where such restriction is prohibited by law;
• Scrape, harvest, or collect data from the Service or other users except through features we provide for that purpose;
• Misrepresent recorded data, falsify leaderboard or segment results, or manipulate community features; or
• Use the Service to encourage or facilitate any of the prohibited conduct described in Section 6 (Safety).

6. Safety and assumption of risk

RallyTrax involves driving, which is inherently dangerous. Your safety and the safety of others is your responsibility. Read this section carefully.

• Obey the law at all times. You must comply with all applicable traffic laws, speed limits, signals, and regulations wherever you drive. Nothing in the Service overrides your legal obligations as a driver.
• Do not operate the app while driving unsafely. Do not interact with the app in a way that distracts you from driving. Set up recording or replay before you begin driving, mount your device safely, keep your eyes on the road and your hands on the wheel, and pull over safely if you need to interact with the app. Where local law prohibits handling a mobile device while driving, you must comply.
• Not for illegal street racing or speed competition. The Service is intended for lawful recreational and record-keeping use. You must not use RallyTrax to organize, participate in, encourage, time, or promote illegal street racing, speed contests, time trials, or any competition on public roads, or any other illegal or reckless driving. Pace notes, replays, segments, and leaderboards are not invitations to drive faster than is safe or legal.
• Closed-course use. Any high-performance or competitive driving should take place only on a closed course or sanctioned event, in compliance with that venue's rules and applicable law.
• Pace notes and replay are informational only. Pace notes, co-driver audio, maps, and other outputs are generated from imperfect sensor data and may be inaccurate, delayed, or incomplete. Never rely on them for real-time driving decisions. Always drive according to actual road, traffic, and weather conditions, not according to what the app says.
• Assumption of risk. You understand and agree that driving carries inherent risks, including risk of property damage, serious injury, or death, and that you voluntarily assume all such risks associated with your use of the Service. To the fullest extent permitted by law, you release RallyTrax from any liability arising out of your driving or your use of the Service while driving.

7. Privacy

Your use of the Service is also governed by our Privacy Policy, which explains what data we collect, how we use it, and the choices available to you. By using the Service, you consent to the data practices described there.

8. Intellectual property

The Service, including its software, design, logos, trademarks, text, graphics, and other content we provide (excluding your User Content), is owned by RallyTrax or its licensors and is protected by intellectual property laws. Subject to these Terms, we grant you a personal, limited, non-exclusive, non-transferable, revocable license to use the Service for its intended purpose. We reserve all rights not expressly granted. You may not use our names, logos, or trademarks without our prior written permission.

9. Third-party services

The Service relies on and interoperates with third-party services and platforms, and your use of them is subject to their own terms and policies. These include, without limitation:

• Google and Firebase — authentication, cloud storage and sync, analytics, crash reporting, and AI features;
• Google Maps and OpenStreetMap — map tiles and route previews;
• Apple — distribution and platform services for the iOS and macOS apps; and
• Google Play — distribution of the Android app.

We do not control third-party services and are not responsible for their content, availability, or practices. If a third-party service changes or becomes unavailable, related features of the Service may be affected.

10. Disclaimers and warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We do not warrant that the Service will be uninterrupted, secure, error-free, or free of inaccuracies, that data (including GPS tracks, pace notes, and statistics) will be accurate or preserved, or that defects will be corrected. You are responsible for keeping your own backups of any data that matters to you.

11. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL RALLYTRAX OR ITS OWNERS, CONTRIBUTORS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, OR FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, OR DEATH ARISING OUT OF OR RELATING TO YOUR DRIVING OR YOUR USE OF (OR INABILITY TO USE) THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT LIABILITY CANNOT BE FULLY DISCLAIMED, OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID US, IF ANY, FOR THE SERVICE IN THE 12 MONTHS BEFORE THE CLAIM, OR TWENTY U.S. DOLLARS (US$20). Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

12. Indemnification

You agree to indemnify, defend, and hold harmless RallyTrax and its owners, contributors, and licensors from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to: (a) your use or misuse of the Service; (b) your User Content; (c) your violation of these Terms or of any law or third-party right; or (d) your driving conduct.

13. Termination

You may stop using the Service at any time and may delete your account or data as described in the Privacy Policy. We may suspend or terminate your access to the Service, in whole or in part, at any time if you violate these Terms, if required to protect the Service or other users, or if we discontinue the Service. Upon termination, the licenses you granted for shared content will wind down as that content is removed, and the provisions of these Terms that by their nature should survive (including Sections 4, 6, 8, 10, 11, 12, and 14) will survive.

14. Changes to these Terms

We may update these Terms from time to time. The "Last updated" date at the top of this page reflects the most recent change. If we make material changes, we will provide reasonable notice, such as an in-app notice or a notice on this page. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

15. Governing law and disputes

These Terms are governed by the laws of [Governing jurisdiction — placeholder], without regard to its conflict-of-laws rules. You agree that any dispute arising out of or relating to these Terms or the Service will be subject to the exclusive jurisdiction of the courts located in [Venue — placeholder], except where applicable law grants you the right to bring a claim in your local courts. Nothing in these Terms limits any mandatory consumer-protection rights you have under the law of your place of residence.

16. General

These Terms, together with the Privacy Policy, are the entire agreement between you and RallyTrax regarding the Service. If any provision is found unenforceable, the remaining provisions will stay in effect. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.

17. Contact

Questions about these Terms? Email arnavsacheti@outlook.com.