Terms of Use
Last updated ·
These Terms of Use (the "Terms") are an agreement between you and the provider of the CapDrive app named at the end of this page ("we", "us"). They apply to the CapDrive iOS app (the "App"). By installing or using the App you accept these Terms. If you do not agree, do not use the App.
The App
CapDrive uses your iPhone's GPS, motion sensors and compass to show your car's speed, G-force, heading and driving events, and records your trips on your device. It works without an account. Recording, analysis and storage take place on your iPhone; your trips are not sent to us unless you choose to send a problem report, as described in the Privacy Policy.
Features, measurements and scoring rules may change as the App is updated.
Driving safely
Your safety and the safety of others always come first. When you use the App:
- mount the iPhone securely before you set off, where it does not block your view, the airbags or the controls, and follow local laws on mounting and using phones in vehicles;
- do not operate the App while driving: set it up before you set off, stop safely first or let a passenger operate it;
- obey traffic laws and speed limits, and drive according to the conditions at all times;
- perform hard acceleration, launches, timed runs or drifting only where it is lawful and safe, such as on a closed course with its operator's permission.
The App does not ask you to perform any maneuver. You alone are responsible for how you drive, for your vehicle and for complying with the law.
Measurements and scores
Speed, distance, G-force, heading, mounting orientation, events, times and driving scores are estimates calculated from a phone's sensors and GPS. Their accuracy depends on your device, how it is mounted, GPS reception, the vehicle and the surroundings. They may be inaccurate, delayed, incomplete or unavailable, and they may differ from the vehicle's own instruments.
The App is not a certified or calibrated measuring instrument. Do not rely on it to check your speed against speed limits, as evidence in legal, insurance or other disputes, for testing, tuning or maintaining a vehicle, or for any decision where an error could cause harm or loss.
Driving scores describe a measured action according to the App's own rules. They are not an assessment of your driving ability, skill or safety. Comparisons with vehicles use figures published by manufacturers under their own test conditions. They are for general interest only and do not mean that your vehicle, or your driving, performs the same.
Your trips
Your trips are stored only on your device. They are not included in iCloud or computer backups, and they cannot be recovered after you delete them or the App, or if your device is lost, damaged or reset. You are responsible for your device and the data on it.
If you send us a problem report or other information, you allow us to use it to investigate and fix problems and to improve the App, as described in the Privacy Policy. Only send data that you are entitled to share.
Acceptable use
You must not:
- use the App for any unlawful purpose, or in a way that endangers or harms you or others;
- use the App to record or track another person, or a vehicle you are not entitled to monitor, without the knowledge of the people concerned or without any consent the law requires;
- copy, modify, distribute, sell or rent the App, or decompile or reverse engineer it, except to the extent the law allows this despite this restriction;
- use the CapDrive name or logo in a way that suggests our endorsement.
License
We grant you a personal, non-exclusive, non-transferable and revocable license to use the App on Apple devices that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms. The App, including its software, design and content, is owned by us or our licensors and protected by intellectual property laws. Third-party components are provided under their own licenses. We reserve all rights not expressly granted in these Terms.
Third-party services
The App relies on services provided by Apple, such as Apple Maps to display maps and the Mail app to send reports, and it may link to third-party websites, such as a manufacturer's page for a vehicle reference. Those services and websites have their own terms and privacy policies, and we are not responsible for them.
Price and purchases
The App is distributed through the Apple App Store. Any price for the App is shown on the App Store, and payments and refunds are handled by Apple under its terms. The App does not currently include in-app purchases or subscriptions. If we add paid features, their price and terms will be shown in the App before you buy.
Availability and changes
We may update, change, suspend or discontinue the App or any of its features at any time, for example to improve its measurements or to comply with the law. Some features depend on your device, the iOS version, GPS reception and Apple's services, and may not always be available. Where you paid for the App, this does not affect your rights under Apple's refund rules or applicable consumer law.
Liability
To the extent permitted by law, the App is provided "as is" and "as available", without warranties of any kind, including warranties of accuracy, fitness for a particular purpose and non-infringement.
To the fullest extent permitted by law, we are not liable for accidents, injury, damage to vehicles or property, fines or penalties arising from the way you drive or use the App, for decisions made on the basis of the App's readings or scores, for the loss of data stored on your device, or for any indirect, incidental or consequential loss.
Nothing in these Terms limits liability that cannot be limited under applicable law, or reduces the rights you have as a consumer under the law of the country where you live.
Apple
These Terms are between you and us, not Apple. Apple is not responsible for the App or its content and has no obligation to provide maintenance or support for it. If the App fails to conform to an applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any; to the maximum extent permitted by law, Apple has no other warranty obligation for the App. Apple is not responsible for addressing any claims relating to the App, including product liability claims, claims that the App fails to meet legal or regulatory requirements, consumer protection claims and claims that the App infringes the intellectual property rights of others. You confirm that you are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a "terrorist supporting" country, and that you are not on any U.S. Government list of prohibited or restricted parties. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
Apple's Standard End User License Agreement also applies to the App; where it conflicts with these Terms, these Terms apply to the extent permitted.
Changes to these Terms
We may update these Terms when the App or the law changes. The date at the top of this page shows when they were last updated. We will announce material changes on this page or in the App before they take effect. If you keep using the App after a change takes effect, the updated Terms apply.
Governing law
These Terms are governed by the law of the place where the provider named below is established, without affecting the mandatory consumer protection rules that apply where you live. If any part of these Terms is found invalid, the rest remains in effect.
If you have questions about these Terms, contact us at support@capdrive.app.