Terms of Service.
These Terms of Service ("Terms") govern your use of the Shifdr convoy navigation application (the "App") operated by Harmonix Solutions, LLC ("we," "us," or "our"). By accessing 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. Acceptance of Terms
By creating an account, joining a drive, or otherwise using the App, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated into these Terms by reference.
2. Description of Service
Shifdr is a real-time convoy navigation application that allows users to create and join group drives. The App provides features including real-time location sharing among convoy members, turn-by-turn navigation, voice communication, event hosting, and drive coordination tools. The App is available as native iOS and Android applications.
3. User Accounts
You may use the App as a guest or by signing in with a Google account. Guest accounts are temporary and provide limited functionality. Registered accounts provide access to additional features such as drive creation, event hosting, and drive history.
You are responsible for maintaining the security of your account and for all activities that occur under your account. You agree to provide accurate information and to keep your account information current.
4. Acceptable Use
You agree to use the App responsibly and in compliance with all applicable laws. In particular:
- No distracted driving. Do not operate the App in any way that distracts you while driving. The driver should set up navigation before starting the vehicle. A passenger should handle the App during an active drive whenever possible.
- Obey all traffic laws. You must follow all applicable traffic laws and regulations at all times. The App's navigation suggestions do not override traffic signs, signals, or laws.
- Drive safely. You are solely responsible for your driving decisions. Speed limits, road conditions, and other safety factors are your responsibility regardless of any information displayed in the App.
- No misuse. You may not use the App to stalk, harass, or track individuals without their knowledge and consent. You may not use the App for any illegal purpose.
- No interference. You may not attempt to disrupt, overload, or interfere with the App's servers, networks, or infrastructure.
5. Location Sharing Consent
By joining a drive, you consent to sharing your real-time GPS location with all other participants in that drive. Your location is visible to other participants only during the active drive and ceases to be shared when the drive ends or you leave the drive. You may leave a drive at any time to stop sharing your location.
6. Voice Communication
The App may offer voice room features that allow participants to communicate via audio during active drives. By joining a voice room, you consent to transmitting and receiving audio with other participants. You agree not to use voice features to transmit harmful, offensive, or illegal content.
7. Intellectual Property
The App, including its design, code, features, graphics, and content, is owned by Harmonix Solutions, LLC and is protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable license to use the App for its intended purpose. You may not copy, modify, distribute, reverse engineer, or create derivative works of the App without our written permission.
8. User-Generated Content
You may create content through the App, such as drive names, event descriptions, announcements, and display names. You retain ownership of content you create but grant us a non-exclusive, royalty-free license to use, display, and distribute that content as necessary to operate the App. You are solely responsible for any content you create and must not post content that is unlawful, offensive, or infringes on the rights of others.
9. 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, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED.
Navigation directions, route suggestions, speed limit information, and map data are provided for informational purposes only and may contain errors or inaccuracies. You must exercise your own judgment and follow applicable traffic laws at all times.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HARMONIX SOLUTIONS, LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE APP, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF THE APP EXCEED THE AMOUNT YOU HAVE PAID US IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR FIFTY DOLLARS ($50.00), WHICHEVER IS GREATER.
11. Indemnification
You agree to indemnify, defend, and hold harmless Harmonix Solutions, LLC and its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with your use of the App, your violation of these Terms, or your violation of any rights of another person or entity.
12. Termination
We may suspend or terminate your access to the App at any time, with or without cause, and with or without notice. Upon termination, your right to use the App will immediately cease. You may also stop using the App and request account deletion at any time. Provisions of these Terms that by their nature should survive termination shall survive, including ownership, warranty disclaimers, indemnity, and limitations of liability.
13. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Texas, United States of America, without regard to its conflict of law provisions. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts located in the State of Texas.
14. Changes to These Terms
We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms within the App with a new effective date. Your continued use of the App after changes are posted constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically.
15. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
16. Contact Us
If you have any questions about these Terms, please contact us at:
Harmonix Solutions, LLC
Email: legal@shifdr.com