Please read these Terms of Service ("Terms") carefully before using OtoCoach Driver (the "App") operated by OtoCoach Driver ("we," "us," or "our"). These Terms constitute a legally binding agreement between you and us regarding your use of the App.
By downloading, installing, or using the App, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the App.
1. Eligibility
You must be at least 17 years of age (or the minimum age required in your jurisdiction) to use the App. By using the App, you represent and warrant that you meet this age requirement and that you have the legal capacity to enter into a binding agreement.
If you are using the App on behalf of an organization, you represent and warrant that you are authorized to bind that organization to these Terms.
2. License to Use the App
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download and use the App on a device you own or control, solely for your personal, non-commercial purposes.
You may not:
- Copy, modify, distribute, sell, or sublicense any part of the App
- Reverse engineer, decompile, or disassemble the App, except to the extent permitted by applicable law
- Remove or alter any proprietary notices or labels on the App
- Use the App for any unlawful purpose or in violation of any applicable laws or regulations
- Attempt to gain unauthorized access to the App or its related systems
- Interfere with or disrupt the integrity or performance of the App
3. User Accounts
To access certain features of the App, you may be required to create an account. You are responsible for:
- Maintaining the confidentiality of your account credentials
- All activity that occurs under your account
- Notifying us promptly of any unauthorized use of your account
You may not create accounts using automated means or for purposes of impersonating another person. We reserve the right to suspend or terminate accounts that violate these Terms.
4. Subscriptions and Payments
4.1 Subscription Plans
Certain features of the App may be available only through a paid subscription. Subscription options, pricing, and features are presented within the App and are subject to change at any time.
4.2 Billing and Payment
All subscription purchases are processed and billed by Apple App Store or Google Play, depending on the platform you use. By subscribing, you agree to the applicable terms and payment policies of Apple App Store or Google Play. We do not process payment card details directly.
4.3 Subscription Renewal
Subscriptions automatically renew at the end of each subscription period unless you cancel before the renewal date. The renewal charge will be applied to the payment method associated with your App Store or Google Play account.
4.4 Cancellations and Refunds
To cancel your subscription, please manage it through Apple App Store or Google Play. Refund requests are subject to the policies of the respective platform. We do not directly process refunds for App Store or Google Play purchases.
4.5 Price Changes
We may change subscription pricing at any time. Price changes will be communicated in advance in accordance with applicable platform requirements, and your continued subscription after the effective date of a price change constitutes your acceptance of the new price.
5. Nature of Driving Insights
Driving insights provided by OtoCoach Driver are informational only. They are generated from data recorded on your device and are intended to help you understand your driving patterns for personal awareness purposes.
Driving insights and scores provided by the App:
- Are not professional driving assessments
- Are not legal advice of any kind
- Are not intended as inputs for insurance underwriting, premium calculation, or coverage decisions
- Should not be relied upon as safety guarantees
- May not accurately reflect all aspects of your driving behavior
- May be affected by device placement, GPS accuracy, or other environmental factors
You acknowledge that the App's driving analysis depends on sensor data from your mobile device and may not be accurate in all circumstances. You assume all risk associated with your reliance on driving insights provided by the App.
6. User Responsibilities
You agree that:
- You will not operate the App in a way that distracts you from driving safely
- You are solely responsible for your driving behavior regardless of any insight or score provided by the App
- You will comply with all applicable traffic laws and regulations
- You will use the App only in accordance with these Terms and applicable law
- You will not use the App to collect or process information about other individuals without their consent
7. Intellectual Property
The App, including its design, code, content, trademarks, logos, and all related intellectual property, is owned by or licensed to OtoCoach Driver. Nothing in these Terms transfers any intellectual property rights to you. You are granted only the limited license described in Section 2.
You retain ownership of any data you input into the App. By using the App, you grant us a limited, non-exclusive license to process your data as necessary to provide the App's features as described in our Privacy Policy.
8. Privacy
Your use of the App is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please read the Privacy Policy to understand how we collect, use, and protect your information.
9. Third-Party Services
The App integrates with third-party services including Firebase, Google Maps Platform, Google Gemini, and Adapty. Your use of those services within the App is also subject to their respective terms of service and privacy policies. We are not responsible for the practices or content of third-party services.
The App may contain links to third-party websites or resources. These links are provided for convenience only. We do not endorse and are not responsible for any content, products, or services of third parties.
10. Disclaimer of Warranties
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY.
We do not warrant that:
- The App will be available, uninterrupted, secure, or error-free at all times
- Any defects or errors will be corrected
- The App will meet your requirements or expectations
- Driving insights will be accurate, complete, or suitable for any particular purpose
- Results obtained through the use of the App will be reliable
Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
11. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OTOCOACH DRIVER, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APP, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE APP EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM; OR (B) ONE HUNDRED DOLLARS (USD $100).
Some jurisdictions do not allow the limitation of liability for certain damages, so some of the above limitations may not apply to you.
12. Indemnification
You agree to indemnify, defend, and hold harmless OtoCoach Driver and its affiliates, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising out of or related to: (a) your use of the App; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; or (d) your violation of the rights of any third party.
13. Termination
We may suspend or terminate your access to the App at any time, with or without notice, if we believe you have violated these Terms or applicable law, or for any other reason at our sole discretion.
You may stop using the App and delete your account at any time. Account deletion instructions are available on our Account Deletion page.
Upon termination, all licenses granted to you under these Terms will immediately cease. Provisions that by their nature should survive termination (including Sections 7, 10, 11, 12, 14, and 15) will survive.
14. Governing Law and Dispute Resolution
These Terms are governed by and construed in accordance with applicable law. Any dispute arising from or relating to these Terms or your use of the App shall be resolved through binding arbitration or in a court of competent jurisdiction, as determined by applicable law and the rules of the relevant platform (Apple App Store or Google Play) where applicable.
To the extent permitted by law, you agree to resolve disputes on an individual basis and not as part of a class or representative action.
15. Changes to These Terms
We may update these Terms from time to time. When we make material changes, we will update the "Last Updated" date at the top of this page and, where appropriate, notify you within the App or by email. Your continued use of the App after the effective date of the revised Terms constitutes your acceptance of the changes.
If you do not agree to the revised Terms, you must stop using the App and delete your account.
16. Miscellaneous
16.1 Entire Agreement
These Terms, together with the Privacy Policy, constitute the entire agreement between you and OtoCoach Driver regarding your use of the App and supersede any prior agreements.
16.2 Severability
If any provision of these Terms is found to be unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.
16.3 Waiver
Our failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision.
16.4 Assignment
You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction.
16.5 Apple and Google Play Requirements
If you downloaded the App from the Apple App Store, Apple is not a party to these Terms and has no obligation to provide any support or maintenance for the App. In the event of any conflict between these Terms and the Apple App Store terms of service, the Apple App Store terms will prevail. Similarly, if you downloaded the App from Google Play, Google is not a party to these Terms.
17. Contact Us
If you have any questions about these Terms of Service, please contact us at: