Terms of Service

Road’s Eye™ Terms of Service

Effective Date: 27 June, 2025

Last Updated: June 19, 2026

Acceptance of Terms

By downloading, installing, or using the Road’s Eye mobile application (“App”), you (“User” or “You”) agree to be bound by these Terms of Service (“Terms”). If you do not agree with these Terms, DO NOT use the App.

1. Eligibility

1.1 By using the App, you confirm that you are at least 18 years old and legally able to enter into this agreement.

If you are under 18 years of age, you may only use the App under the supervision of a parent or legal guardian who agrees to be bound by these Terms on your behalf. If you do not have such consent, you must not use the App.

If you are using the App on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

2. No Data Collection & Privacy

Road’s Eye is designed to operate entirely on your device. We do not collect, store, transmit, or access any personal information, recordings, or data created with the App unless you voluntarily share it with us or the internet.

2.2 Device Access

The App may request access to certain device features (such as location, storage, sensors, and camera) to function properly. These permissions operate locally on your device and are never transmitted to us unless explicitly shared by you.

3. No Legal, Safety, or Warranty Guarantees

The App is provided for informational and personal recording use only and is not a substitute for official law enforcement tools, emergency services, or legal evidence-gathering devices.

We do not guarantee the accuracy, completeness, reliability, or legal admissibility of any recordings, alerts, or data generated by the App.

The App may include a “Possible Crash Detected” feature intended to help identify potential crash events. This feature is experimental and heuristic-based only, using solely device sensors with no external validation. It:

May produce many false positives (non-crash events triggering alerts) or false negatives (missing real crashes).

Is not certified, approved, or compliant with any automotive safety standard (e.g., FMVSS, UN ECE, ISO 26262).

Does not constitute real-time crash detection, emergency response, or any form of life-saving service.

Should never be relied upon as a safety mechanism, emergency service, or for life-saving purposes.

You should never rely on this feature (or any part of the App) to: decide to call emergency services, determine injury severity, notify contacts, or take any safety-critical action. Any reliance is strictly at your own peril.

You remain fully responsible for complying with all applicable laws, maintaining attention while driving, and responding to emergencies through proper channels (e.g., calling 911 directly).

The App is provided “AS IS” and “AS AVAILABLE” without any warranties, express or implied, including but not limited to merchantability, fitness for a particular purpose, or non-infringement.

3.2 No Guarantee of Functionality

The App relies on device hardware, operating system permissions, and environmental factors to function properly. We do not guarantee that the App will successfully record, store, detect, or retain any data or events, including but not limited to video/audio recordings, possible crash detections, or location logs.

You acknowledge and accept that recordings may be lost, corrupted, interrupted, or never initiated due to reasons beyond our control, including but not limited to software errors, hardware limitations, storage issues, battery loss, user settings, or third-party interference.

You assume all risks related to such failures and agree that Road’s Eye™ shall not be liable for any consequences, damages, or losses resulting from the App’s inability to perform as expected.

3.3 Distracted Driving Prohibition & Sole User Responsibility

The App is not intended, designed, or safe to be interacted with while operating a vehicle. You must never interact with, view, adjust, or otherwise use the App (including starting/stopping recordings, reviewing footage, changing settings, or responding to alerts) while the vehicle is in motion. Any such use is entirely at your own risk and may constitute distracted driving under applicable law.

We expressly prohibit and do not condone any use of the App that could distract you or violate any distracted driving, mobile device, or traffic law. You assume all risk that use of the App (even passive/background recording) could be alleged to have contributed to distracted driving, reduced situational awareness, or any accident, injury, death, or property damage. Road’s Eye™ disclaims any and all liability for claims alleging that the App caused, contributed to, or failed to prevent distracted driving or unsafe vehicle operation.

3.4 No Product Liability Claims

To the maximum extent permitted by law, you agree that the App is not a “product” for purposes of strict product liability law, and any claim based on alleged design defect, manufacturing defect, failure to warn, or inadequate instructions related to the App is expressly waived. You acknowledge that software-based sensor interpretation inherently carries uncertainty and cannot be free of all risk.

3.5 No Reliance for Insurance, Legal, or Regulatory Purposes

Recordings, alerts, logs, or any output from the App are provided for your personal, informational reference only. You may not rely on them for: insurance claims, accident reconstruction, legal evidence, regulatory compliance, commercial fleet telematics, employer safety programs, or any official purpose. We make no representation regarding accuracy, chain-of-custody, timestamp integrity, metadata reliability, or admissibility in court.

3.6 No Emergency Services

Road's Eye™ is not an emergency response service, crash notification service, 911 service, roadside assistance service, medical service, law enforcement service, dispatch service, or life-saving service.

The App does not contact emergency responders, notify authorities, dispatch assistance, or guarantee that any person will be informed of an accident, emergency, or hazardous condition.

You must independently contact appropriate emergency services when necessary. Any reliance on the App for emergency assistance, crash response, injury assessment, emergency notification, or life-saving purposes is strictly at your own risk.

Road's Eye™ shall not be liable for any injury, death, property damage, delay in emergency response, or other harm arising from reliance on the App during an emergency.

3.7 No Guarantee of Evidence Preservation

The App is not an evidence preservation system, black box recorder, forensic recording device, or legally certified evidence collection platform.

Road's Eye™ makes no representation or warranty that any recording, clip, video, audio file, metadata, GPS information, timestamp, sensor data, crash alert, or other information generated by the App will:

Exist;

Be recorded successfully;

Be preserved;

Be recoverable;

Be accurate;

Be complete;

Be admissible in court;

Be accepted by law enforcement, insurers, courts, employers, regulators, or third parties.

Users should not rely on the App as their sole source of evidence for any accident, dispute, claim, investigation, or legal proceeding.

4. User Responsibilities

You are solely responsible for ensuring your use of the App complies with all local, state, and federal laws regarding video/audio recording, privacy, and data protection.

You agree not to use the App in any way that distracts you while driving or interferes with safe operation of your vehicle (see Section 3.3 above).

You assume all risks and liabilities resulting from your use of the App and any data or recordings created.

4.2 Compliance with Laws

You are solely responsible for determining whether your use of the App, including recordings and any potential crash detection alerts, is lawful in your jurisdiction. We do not provide legal advice, nor do we warrant that use of the App will comply with any specific laws or regulations.

4.3 Misuse Disclaimer

We are not responsible for any outcomes resulting from improper use of the App, including but not limited to unauthorized surveillance, distracted driving, or reliance on features such as “Possible Crash Detected” for emergency decisions.

5. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

WE, INCLUDING OUR AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, AND PARTNERS, DISCLAIM ALL LIABILITY FOR ANY DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE APP, INCLUDING BUT NOT LIMITED TO:

LOSS OR CORRUPTION OF DATA OR RECORDINGS

LEGAL CLAIMS ARISING FROM RECORDINGS, POSSIBLE CRASH DETECTION, OR USE OF THE APP

ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES

OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS, THE APP, OR YOUR USE THEREOF (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00) OR THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, WHICHEVER IS GREATER.

THIS LIMITATION APPLIES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

THE FOREGOING LIMITATIONS SHALL NOT APPLY TO LIABILITY ARISING FROM OUR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, FRAUD, OR TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

We are not liable for any actions taken by third parties (including but not limited to law enforcement, insurers, courts, Apple, Google, or other platforms) based on your use of the App, any recordings, alerts, or data generated by the App. This includes any claims related to payments, subscriptions, or in-app purchases as described in Section 11.

For the avoidance of doubt, the limitations of liability contained in this Section apply to any claim arising from service interruption, business closure, bankruptcy, insolvency, acquisition, merger, App removal from distribution platforms, discontinuation of features, loss of subscription access, loss of lifetime purchase benefits, loss of recordings, loss of data, or termination of the App.

5.2 Emergency and Critical Situations

The App is not designed for emergency use. You should not rely on it to contact emergency services, alert others in the event of a crash, or provide life-saving assistance. Any such reliance is at your own risk.

Any claim or cause of action arising out of or relating to the App, these Terms, or your use of the App must be filed within one (1) year after the event giving rise to the claim occurred. Any claim not filed within such period shall be permanently barred.

6. Indemnification

You agree to defend, indemnify, and hold harmless Road’s Eye™ and its affiliates, officers, employees, and agents from any claims, damages, losses, liabilities, costs, or expenses (including reasonable attorney’s fees) arising out of:

Your violation of these Terms

Your use or misuse of the App

Claims that your use or recordings infringe on the rights of others or violate laws

Any allegation of negligence, gross negligence (to the extent not barred by law), product liability, misrepresentation, failure to warn, breach of implied warranty, violation of privacy/surveillance laws, violation of recording consent laws, personal injury, wrongful death, property damage, distracted driving, regulatory violations, or that the App (or lack of functionality) caused or contributed to an accident or injury.

6.2 Government & Regulatory Claims

You agree to indemnify and hold us harmless from any regulatory investigations, fines, or enforcement actions resulting from your use of the App, including but not limited to violations of privacy, surveillance, or traffic laws.

6.3 Survival of Indemnification

The indemnification obligations contained in this Section shall survive the termination of these Terms, deletion of the App, cancellation of subscriptions, termination of services, business closure, acquisition, merger, dissolution, bankruptcy, or any other cessation of operations by either party.

7. Intellectual Property

All intellectual property rights in the App and related materials remain with Road’s Eye™ or its licensors. You may only use the App as permitted by these Terms.

8. Governing Law & Dispute Resolution

These Terms are governed by the laws of the State of Colorado, USA, without regard to its conflict of laws principles.

Any disputes arising out of or related to these Terms or the use of the App shall be resolved exclusively through binding arbitration in Denver, Colorado.

You hereby consent to the personal jurisdiction of the courts located in Denver, Colorado for any matters not subject to arbitration.

You waive any right to participate in class or representative actions.

8.2 Small Claims

Either party may bring an individual action in small claims court in Denver, Colorado, if it qualifies.

8.3 Survival

This arbitration agreement, as well as Sections 3, 5, 6, 10, and any other provisions that by their nature should survive termination, shall survive the termination of your relationship with Road’s Eye™.

8.4 Class Action Waiver

To the fullest extent permitted by law, all disputes, claims, and controversies shall be resolved solely on an individual basis.

You waive any right to participate in any class action, class arbitration, representative action, collective action, coordinated action, consolidated proceeding, mass arbitration, or private attorney general action.

The arbitrator shall not have authority to consolidate claims or award relief to persons who are not parties to the arbitration.

If this Class Action Waiver is found unenforceable, the arbitration agreement shall be unenforceable only to the extent required by applicable law.

9. Changes to Terms

We may update these Terms from time to time. Continued use of the App after changes means you accept the revised Terms.

9.2 Continued Use

It is your responsibility to review the Terms periodically. Your continued use of the App after any changes are posted constitutes your acceptance of the updated Terms.

10. Assumption of Risk

By using the App, you acknowledge that you are assuming all risks associated with its use, including but not limited to: potential data loss, malfunction, reliance on crash detection alerts, distracted driving allegations, and legal consequences of recording or transmitting data. Road’s Eye™ is not responsible for any harm or damages resulting from your decision to use or rely on the App. You also assume responsibility for any risks associated with payment failures, subscription access, or third-party services.

11. Payments & In-App Purchases

The Road’s Eye™ App is available for free download and use with basic features. Premium features, including enhanced recording options, advanced crash detection alerts, and ad-free experience (where applicable), are accessible only through paid subscriptions.

Subscriptions are offered on a recurring basis. Subscriptions automatically renew at the end of each billing period unless canceled by you prior to renewal.

Payments for subscriptions and any in-app purchases are processed exclusively through the platform from which you downloaded the App:

On iOS devices — All transactions are handled solely by Apple Inc. via the Apple App Store, including the use of Apple Pay where available. By making a purchase, you agree to be bound by Apple's applicable terms, including payment, subscription, renewal, and refund policies.

On Android devices — All transactions are handled solely by Google LLC via Google Play, including the use of Google Pay where available. By making a purchase, you agree to be bound by Google's applicable terms, including payment, subscription, renewal, and refund policies.

All billing, charges, renewals, cancellations, and refund requests must be directed to Apple (for iOS) or Google (for Android). Road’s Eye™ does not control, manage, or have access to the payment processing systems of Apple or Google and disclaims all liability arising from any issues related to purchases, subscription renewals, failed transactions, delays in access, billing errors, or platform-related problems.

You are solely responsible for monitoring your subscription status, managing renewals or cancellations through the respective app store (Apple App Store or Google Play), and using features such as “Restore Purchases” if needed. We do not guarantee uninterrupted access to premium features and are not liable for any platform-related issues, third-party failures, account-related access problems, or changes in pricing/taxes imposed by the app stores.

All purchases and subscriptions are final. Road’s Eye™ does not issue refunds under any circumstances, except as may be required by applicable law or the policies of Apple or Google. Any refund requests must be handled directly through the app store provider.

In the event Road’s Eye™ offers additional purchase methods in the future (such as direct payment processing outside the app stores), those transactions will be subject to separate terms and conditions, including those of any third-party payment processors. Road’s Eye™ makes no warranty and assumes no liability for any third-party platforms, payment systems, or integrations.

You agree that Road’s Eye™ is not liable for any financial loss, direct or indirect damages, or disruption resulting from the use of or inability to use paid features or subscriptions, whether due to user error, platform limitations, hardware issues, third-party interference, or otherwise (subject always to the limitation in Section 5). This includes but is not limited to lost recordings, inaccessible premium features, or failure of the App to perform as intended following a valid subscription.

A lifetime purchase refers solely to the lifetime of the applicable product, feature, service, or offering made available by Road's Eye™ and does not guarantee availability for the purchaser's lifetime or any specific period of time.

Road's Eye™ may modify, replace, suspend, discontinue, remove, or terminate any subscription plan, premium feature, paid service, or lifetime purchase offering at any time without liability.

Any purchase grants only a limited, revocable, non-transferable license to use applicable features while they are made available and does not create any ownership interest or guarantee of perpetual access.

12. No Obligation to Provide Support

Road’s Eye™ does not guarantee, promise, or undertake any obligation to provide customer support, technical assistance, maintenance, or troubleshooting services for the App.

All use of the App is at your own risk, and you acknowledge that Road’s Eye™ has no duty, responsibility, or liability to assist with any issues, errors, bugs, malfunctions, usage questions, or service interruptions.

This includes but is not limited to:

  • Responding to customer inquiries

  • Providing updates or fixes

  • Offering technical advice

  • Assisting with payments, access, or feature usage

You agree that no communication with Road’s Eye™, whether via email, app interface, or other methods, shall create any obligation or expectation of support or service, unless explicitly stated in a separate written agreement.

To the fullest extent permitted by law, Road’s Eye™ disclaims all liability for any damages, losses, or inconvenience arising from the lack of customer service or technical assistance.

12A. Service Availability, Business Closure & Discontinuation

Road's Eye™ reserves the unrestricted right, at any time and for any reason, with or without notice, to modify, suspend, discontinue, replace, limit, or permanently terminate the App, any feature, subscription plan, lifetime purchase offering, service, or functionality.

Road's Eye™ may cease operations, dissolve, liquidate, merge, sell assets, transfer ownership, reorganize, declare bankruptcy, become insolvent, or otherwise discontinue business operations at any time.

The App may be removed from the Apple App Store, Google Play Store, or other distribution platforms at any time.

You acknowledge and agree that:

The App may become permanently unavailable.

Subscriptions may terminate.

Lifetime purchases may become unusable.

Premium features may cease functioning.

Support may end.

Updates may stop.

Recordings may become inaccessible.

Data may become unavailable.

Road's Eye™ shall have no obligation to provide refunds, compensation, credits, migration services, replacement services, data recovery, or continued access following discontinuation of the App or business operations.

To the fullest extent permitted by law, Road's Eye™ shall not be liable for any damages, losses, expenses, loss of recordings, loss of subscriptions, loss of purchases, loss of access, loss of goodwill, loss of data, or other consequences arising from service discontinuation, business closure, insolvency, bankruptcy, acquisition, merger, or App removal.

12B. Force Majeure

Road's Eye™ shall not be liable for delays, interruptions, failures, or inability to provide the App resulting from causes beyond our reasonable control, including but not limited to natural disasters, fires, floods, earthquakes, severe weather, war, terrorism, civil unrest, labor disputes, power outages, internet failures, telecommunications failures, cyberattacks, malware, ransomware, governmental actions, regulatory changes, pandemics, epidemics, supply chain disruptions, platform restrictions, operating system changes, or third-party service failures.

12C. Third-Party Platforms & Dependencies

The App relies upon third-party operating systems, hardware manufacturers, application stores, payment processors, telecommunications providers, internet service providers, and other external services.

Road's Eye™ does not control and is not responsible for the availability, performance, actions, omissions, policies, technical limitations, compatibility decisions, outages, restrictions, software updates, account actions, billing actions, or other conduct of any third party.

Road's Eye™ shall not be liable for any damages or losses resulting from the actions or failures of any third party.

12D. Data Loss Disclaimer

All recordings, clips, videos, audio files, metadata, GPS information, settings, preferences, and other content generated through the App may be permanently lost, deleted, overwritten, corrupted, damaged, inaccessible, or unavailable.

Road's Eye™ makes no guarantee regarding retention, preservation, recovery, backup, accessibility, integrity, or availability of any data.

You are solely responsible for creating backups of any information you wish to preserve.

Road's Eye™ shall not be liable for any loss of recordings, evidence, data, footage, metadata, or information regardless of cause.

12E. Software Updates & Compatibility

Road's Eye™ may release updates, patches, bug fixes, security updates, modifications, or enhancements at its sole discretion.

Road's Eye™ is under no obligation to provide updates, maintain compatibility, or support future versions of operating systems, hardware, devices, vehicle systems, or third-party services.

Updates may alter, disable, remove, replace, or modify existing features without notice.

Road's Eye™ shall not be liable for any loss of functionality, compatibility issues, feature removals, performance degradation, or service interruptions.

12F. User Generated Content & Recordings

You retain ownership of recordings generated through the App.

You are solely responsible for all recordings, audio, video, metadata, location information, and content generated, stored, transmitted, or shared through your use of the App.

You represent and warrant that your use of the App complies with all applicable privacy, recording consent, surveillance, wiretapping, and data protection laws.

You agree to indemnify and hold harmless Road's Eye™ from any claims arising from recordings or content generated through your use of the App.

12G. Export Controls & Sanctions

You agree to comply with all applicable export control, trade restriction, sanctions, and import laws.

You may not use, export, transfer, or make available the App in violation of such laws.

12H. Copyright Complaints

Road's Eye™ respects intellectual property rights.

If you believe that content associated with the App infringes your intellectual property rights, you may submit a written complaint containing sufficient information to identify the allegedly infringing material and the basis for your claim.

Road's Eye™ reserves the right to investigate, remove content, restrict access, or take any action deemed appropriate.

13. Contact Information

If you have any questions about these Terms, please contact us at: contact@roadseye.com.