Terms of Service

Last updated: April 18, 2026 | Effective: April 23, 2026

PLEASE READ CAREFULLY. THESE TERMS INCLUDE A MANDATORY ARBITRATION CLAUSE AND A CLASS-ACTION WAIVER IN § 18, WHICH AFFECT YOUR LEGAL RIGHTS. YOU MAY OPT OUT AS DESCRIBED IN § 18.7.

These Terms of Service ("Terms") form a binding agreement between you and OpenRoad LLC ("OpenRoad," "we") and govern your use of the OpenRoad app and the website at openroaddrive.com (the "Service").

1. Eligibility

You must be at least 16 years old (or the age of digital consent in your jurisdiction, if higher) to use the Service. By using the Service you represent that you meet this age requirement and have authority to enter into these Terms.

2. Accounts

You are responsible for the accuracy of your registration information and for safeguarding your account credentials. You are responsible for all activity on your account.

3. Driving Safety — Read This Carefully

OpenRoad is a tool to log, reflect on, and share driving experiences. It is not a driving aid. You must:

  • Comply with all traffic laws and safety regulations in your jurisdiction, including speed limits, seat-belt laws, and bans on handheld-device use while driving (e.g., Washington RCW 46.61.672).
  • Keep your eyes on the road. Do not interact with the app while driving. Use passenger mode, voice commands, or stop safely before engaging with the app.
  • Do not engage in racing, speed contests, illegal street takeovers, or other reckless or illegal activity on public roads. OpenRoad does not sanction or reward any such activity, and participation in any such activity is a material breach of these Terms that may result in immediate termination.
  • Drive Pins (user-authored waypoints) and related community alerts are user-generated information that may be inaccurate, stale, or wrong. Do not rely on Drive Pins as a substitute for attention to the road, posted signage, or lawful instructions.
  • You assume all risk of driving, of using the Service while in a vehicle, and of relying on any information provided through the Service. Driving is inherently risky; the Service is not a safety device.

4. Acceptable Use

You agree not to:

  • use the Service for any unlawful purpose, including facilitating racing, street takeovers, evasion of law enforcement, or excessive speeding;
  • harass, threaten, stalk, or discriminate against others; post sexually explicit, violent, or illegal content; or infringe intellectual-property rights;
  • reverse-engineer, scrape, or bypass Service security;
  • use bots, emulators, GPS spoofers, or mock-location tools to produce false data;
  • post another person's real-time location without their consent;
  • misuse Drive Pins (e.g., marking non-existent hazards to mislead others, or doxxing individuals).

We may remove content or terminate accounts for violations.

5. User Content and License

You retain all ownership rights in content you submit (posts, photos, comments, Drive Pins, drive data). You grant OpenRoad a worldwide, non-exclusive, royalty-free, sublicensable license to host, reproduce, adapt, display, and distribute that content solely to operate, provide, and improve the Service, and to display it to other users you designate. This license ends when you delete the content or your account, except for (i) residual copies in backups for up to 35 days and (ii) copies retained by other users to whom you distributed the content.

6. Our Intellectual Property

The Service, including software, logos, and non-user content, is owned by OpenRoad or its licensors and is protected by copyright, trademark, and other laws. No rights are granted except as expressly set out in these Terms.

7. DMCA

Copyright owners may send DMCA notices to openroadsup@gmail.com (subject: "DMCA"). Include the elements required by 17 U.S.C. § 512(c)(3). Designated agent: Rasputin Carlson, 5941 39th Ave SW, Seattle, WA 98136.

8. Subscriptions (OpenRoad Pro)

Optional paid plans ("OpenRoad Pro") unlock premium features. Billing is handled by Apple (StoreKit 2) on iOS and Google Play Billing on Android. Subscriptions automatically renew at the then-current rate until canceled. You may cancel at any time in your Apple ID or Google account settings; cancellations take effect at the end of the current period.

Automatic-renewal disclosure (California Bus. & Prof. Code §§ 17600–17606 and AB 2863 (2025) and similar state laws): (i) your subscription will automatically renew unless canceled at least 24 hours before the end of the current period; (ii) the renewal price is the then-current sticker price; (iii) you may cancel at any time through your Apple ID or Google account; (iv) a renewal reminder will be sent as required by applicable law; (v) you may cancel without penalty by following the link inside your Apple/Google account.

Refunds are governed by Apple's and Google's policies. OpenRoad does not process refunds directly.

9. Third-Party Services

The Service uses third-party services (Firebase, LiveKit, PostHog, Mapbox, Google Maps/Navigation, Apple StoreKit, Google Play Billing). OpenRoad is not responsible for their availability or content. Your use of those services is governed by their own terms.

10. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." To the maximum extent permitted by law, OpenRoad disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, and any warranty arising out of course of dealing. OpenRoad does not warrant that the Service will be uninterrupted, secure, or error-free, or that Drive Pins, Drive Score, maps, or navigation data will be accurate.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OPENROAD AND ITS MEMBERS, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE. Our aggregate liability arising from or relating to these Terms or the Service will not exceed the greater of (i) $100 USD or (ii) the amount you paid to OpenRoad in the 12 months before the event giving rise to the claim. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages; in those jurisdictions, our liability is limited to the maximum extent permitted by law. This Section does not limit liability for gross negligence, willful misconduct, or as otherwise required by law.

12. Indemnification

You agree to defend, indemnify, and hold harmless OpenRoad from and against any claim, loss, or expense (including reasonable attorneys' fees) arising from (a) your content, (b) your breach of these Terms, (c) your violation of law, or (d) your conduct while driving.

13. Termination

You may stop using the Service at any time and may delete your account in Settings → Account → Delete Account. We may suspend or terminate access, with or without notice, if you breach these Terms, create risk of legal exposure for OpenRoad, or for extended inactivity. Sections 5–7, 10–14, 18, and 19 survive termination.

14. Governing Law; Forum Selection

These Terms are governed by the laws of the State of Washington, excluding conflict-of-laws rules. Subject to § 18 (arbitration), state and federal courts in King County, Washington have exclusive jurisdiction over any claim not subject to arbitration. The U.N. Convention on Contracts for the International Sale of Goods does not apply.

15. Export Compliance

You represent that you are not located in a country subject to a U.S. embargo and are not on a U.S. government restricted-party list.

16. Apple-Specific Terms (iOS Users)

You acknowledge that these Terms are between you and OpenRoad only, not Apple. Apple is a third-party beneficiary of these Terms and may enforce them. Apple has no obligation to furnish maintenance or support for the iOS app. In the event of failure to conform to any applicable warranty, you may notify Apple for a refund of the price paid (if any); Apple has no other warranty obligation. OpenRoad, not Apple, is responsible for product liability, statutory or regulatory compliance, and intellectual-property claims.

17. Google-Specific Terms (Android Users)

These Terms are between you and OpenRoad only, not Google. Google has no responsibility for the Service.

18. Arbitration Agreement and Class-Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT LIMITS HOW YOU CAN BRING CLAIMS.

18.1 Scope

Any dispute arising out of or related to these Terms or the Service (a "Dispute") will be resolved by binding arbitration, except that either party may (a) bring an individual action in small-claims court, (b) seek injunctive relief in court for intellectual-property infringement, and (c) exercise statutory rights that are not waivable.

18.2 Pre-Arbitration Notice

Before starting arbitration, send a written notice describing the dispute to openroadsup@gmail.com (subject: "Legal Notice") and allow 60 days to resolve informally.

18.3 Arbitration Rules

Arbitration will be administered by JAMS under its Consumer Arbitration Minimum Standards and Streamlined Arbitration Rules. The arbitration will be conducted in English, by one neutral arbitrator, in King County, Washington, or (at your election) by video or telephone.

18.4 Class-Action Waiver

You and OpenRoad agree to bring claims only in an individual capacity and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. The arbitrator may not consolidate claims or preside over any representative proceeding. If this waiver is found unenforceable in a particular case, the unenforceable portion is severable and the remainder of this § 18 continues to apply to the maximum extent.

18.5 Mass-Filing Protocol

If 25 or more similar arbitration demands are filed against OpenRoad within 60 days by the same or coordinated counsel, the parties agree to sequential batching to manage efficiency, subject to JAMS's mass-filing rules.

18.6 Federal Arbitration Act

The Federal Arbitration Act, 9 U.S.C. §§ 1–16, governs interpretation and enforcement of this § 18.

18.7 30-Day Opt-Out

You may opt out of this § 18 by emailing openroadsup@gmail.com (subject: "Arbitration Opt-Out") within 30 days of first accepting these Terms, stating your full name, the email on your account, and your intent to opt out. Opting out does not affect any other provision of these Terms.

18.8 State-Law Carve-Outs

If you are a resident of a state whose law prohibits pre-dispute arbitration for specific claims (e.g., certain consumer or tort claims), this § 18 does not apply to those claims to the extent prohibited.

19. Miscellaneous

  • Changes. We may update these Terms; we will notify you of material changes at least 15 days in advance.
  • Severability. If any provision is held invalid, the remainder remains in effect.
  • No waiver. Our failure to enforce any provision is not a waiver.
  • Assignment. You may not assign these Terms; we may assign to an affiliate or successor in interest.
  • Entire agreement. These Terms and the Privacy Policy are the entire agreement.

Contact: OpenRoad LLC, 5941 39th Ave SW, Seattle, WA 98136, USA; openroadsup@gmail.com.