1. Eligibility
You must be at least 18 years old and hold a valid driver’s license to use the App. By using the App, you represent that you meet these requirements.
2. License to use the App
Subject to these Terms, we grant you a personal, limited, non-exclusive, non-transferable, revocable license to use the App for your own non-commercial use. You may not copy, modify, reverse-engineer, resell, or create derivative works from the App, except as permitted by law.
3. Accounts
You’re responsible for your account credentials and all activity under your account. Provide accurate information and keep it current. Notify us promptly of unauthorized use.
4. Subscriptions, billing & auto-renewal
The App offers paid subscription tiers (Premium and Elite) billed on an annual basis through the Apple App Store or Google Play.
- Auto-renewal: Subscriptions automatically renew at the then-current price unless cancelled at least 24 hours before the end of the current period.
- Billing: Charges are processed by the applicable app store, subject to that store’s terms. We do not store your payment card details.
- Cancellation: Manage or cancel through your app store account settings. Cancellation takes effect at the end of the current billing period.
- Refunds: Handled by the app stores under their policies. We generally do not provide direct refunds.
- Price changes: We may change subscription prices; changes apply to future billing periods after notice as required by the app stores and applicable law.
5. User-generated content (community routes)
The App lets you submit content, including routes, descriptions, photos, and other materials (“User Content”).
- Your license to us: You grant Road & Rally a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, display, reproduce, modify (for formatting), and distribute your User Content within and in connection with the App and our marketing of it. You retain ownership of your User Content.
- Your responsibility: You represent that you own or have the rights to your User Content and that it doesn’t infringe anyone’s rights or violate any law. You are solely responsible for your User Content.
- No endorsement / no vetting: Community routes and other User Content are created by users. We do not review, verify, endorse, or guarantee the accuracy, legality, or safety of User Content. Use it at your own risk.
- Removal: We may remove any User Content at our discretion.
6. Acceptable use
You agree not to:
- Use the App while operating a moving vehicle, or in any unsafe or unlawful manner;
- Use the App to encourage, organize, or facilitate illegal driving (including street racing or speeding);
- Submit unlawful, infringing, harmful, or misleading content;
- Scrape, harvest, or extract route or other data except through features we provide;
- Interfere with or attempt to compromise the App’s security or operation.
7. Safety & assumption of risk
The App is a discovery and tracking tool, not a substitute for safe and lawful driving. You acknowledge and agree that:
- Navigation, maps, route data, and other content may be inaccurate, incomplete, or out of date, and you will always follow actual road signs, traffic laws, posted speed limits, and real-world conditions;
- Driving carries inherent risks, and you assume all risk arising from your use of the App and your driving;
- We do not inspect, control, or guarantee the condition, safety, or legality of any road, route, or location featured in the App;
- You are solely responsible for driving safely and legally at all times.
8. Disclaimer of warranties
The App and all content are provided “as is” and “as available,” without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement. We do not warrant that the App will be uninterrupted, error-free, or that any content (including navigation or route data) is accurate or reliable.
9. Limitation of liability
To the maximum extent permitted by law, Road & Rally and its owners, members, and affiliates will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any personal injury, property damage, loss of data, or lost profits, arising out of or relating to your use of the App — whether based in contract, tort, or otherwise — even if advised of the possibility of such damages.
10. Indemnification
You agree to indemnify and hold harmless Road & Rally and its owners and affiliates from any claims, damages, and expenses (including reasonable attorneys’ fees) arising from your use of the App, your User Content, your violation of these Terms, or your violation of any law or third-party right.
11. Intellectual property
The App, its content (excluding User Content), branding, and editorial route guides are owned by Road & Rally and protected by intellectual property laws. The Road & Rally name, logos, and “The Collection” are our marks. Nothing in these Terms grants you rights in them.
12. Third-party services
The App relies on third-party services (including mapping/navigation, analytics, and notification providers). We are not responsible for third-party services, and your use of them may be subject to their terms.
13. Dispute resolution; arbitration; class-action waiver
Please read this section carefully — it affects how disputes are resolved and limits your rights.
- Informal resolution first: Contact us at info@roadnrally.com and we’ll try to resolve any dispute informally within 60 days.
- Binding arbitration: Except for small-claims matters and claims for injunctive relief, any dispute will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its consumer rules, rather than in court.
- Class-action waiver: Disputes will be brought only in your individual capacity, not as a plaintiff or class member in any class or representative proceeding.
- Opt-out: You may opt out of arbitration by notifying us at info@roadnrally.com within 30 days of first accepting these Terms.
14. Governing law
These Terms are governed by the laws of the State of North Carolina, without regard to its conflict-of-laws rules. Subject to the dispute resolution section above, the exclusive venue for any permitted court action is the state or federal courts located in Wake County, North Carolina.
15. Termination
We may suspend or terminate your access at any time for any reason, including violation of these Terms. You may stop using the App at any time. Sections that by their nature should survive (including 5, 7–10, 13, and 14) survive termination.
16. Changes to these Terms
We may update these Terms. We’ll post the updated version with a new “Last updated” date and, for material changes, provide notice in the App. Continued use after changes means you accept them.
17. Apple & Google app store terms
If you downloaded the App from the Apple App Store or Google Play, additional store-required terms apply:
- These Terms are between you and Road & Rally only, not with Apple or Google.
- Apple/Google have no obligation to provide support or maintenance for the App.
- Apple/Google are not responsible for any product warranties or claims (including product liability, legal compliance, or intellectual-property claims).
- Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
- You represent you are not located in a U.S.-embargoed country or on a prohibited-parties list.
18. Miscellaneous
These Terms are the entire agreement between you and us regarding the App. If any provision is unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may.
19. Contact
Questions about these Terms: info@roadnrally.com— Road&Rally, LLC, 3315 Sugar House St, Raleigh, NC 27614.