Terms of Use

Velantis LLC (“Velantis”) is a Texas limited liability company. Velantis has designed and developed certain technology and other intellectual property, including proprietary artificial intelligence models and driving analysis algorithms, that allows Velantis to offer an AI-powered driving coaching application through software owned, operated, and maintained by Velantis.

Velantis makes its mobile application, Drive (the “Application”), available to persons who elect to use it pursuant to and agree to be bound by these Terms of Use. The Application is currently provided free of charge.

Velantis recognizes a user as an “Authorized User” as long as all pertinent terms and conditions of access and use are satisfied, including compliance with the Terms of Use then in effect.

Any access to or use of the Application by anyone who is not an Authorized User is prohibited. As used in this document, the terms “you” and “your” refer to the user of the Application.

1. Permitted Use and Acceptance of Terms of Use

1.1. You acknowledge that your use of the Application is permitted only if you are an Authorized User, and that by accessing or using the Application, you represent and warrant to Velantis that you are an Authorized User.

1.2. Your access to and use of the Application as an Authorized User is subject to the terms and conditions set out in this document (collectively, the “Terms of Use”).

1.3. In order to use the Application, you must accept the Terms of Use. You can accept the Terms of Use by:

• clicking an “Accept,” “Agree,” or similar button when prompted by the Application; or
• actually using the Application.

1.4. Whether you first click on an acceptance button or actually use the Application, you will have effectively acknowledged and agreed that Velantis will treat your use of the Application as your acceptance of the Terms of Use from the earliest of those actions forward.

1.5. You agree that you will access and use the Application only for the purposes of receiving AI-powered driving coaching, recording and analyzing driving sessions, tracking driving performance and improvement, viewing driving scores and analytics, and participating in driving education features provided through the Application (“Authorized Purposes”). You acknowledge that any other use is prohibited.

1.6. You acknowledge and agree that your right to use the Application is non-exclusive and non-assignable, and that Velantis does not grant you any implied or other right not explicitly stated in the Terms of Use.

1.7. If you are under the age of 18, you represent that you have obtained the consent of a parent or legal guardian to use the Application and that your parent or legal guardian has reviewed and agrees to be bound by these Terms of Use on your behalf.

2. Registration and User Accounts

2.1. To use the Application, you must first register and create a unique, non-transferable user account, as prompted by the Application’s registration process. You may also be required to provide Velantis with other information about yourself when you register, and from time to time after that.

2.2. You agree that any information that you give Velantis will be true, correct, and complete. If Velantis suspects that such information is inaccurate, false, not current, or incomplete, Velantis may suspend or terminate your use of the Application.

2.3. You agree that Velantis may establish an account in your name when you register, and that Velantis may maintain your user identification, password, and other information pertaining to you and your use of the Application under that account (“User Account”).

2.4. You agree that you will not disclose your password or other User Account information to anyone. You agree that you will not obtain, attempt to obtain, use, or attempt to use the password of anyone else. You also agree that you will not use the user identification or password of another person to impersonate or falsely represent another person’s identity.

2.5. You agree that you will notify Velantis immediately of any unauthorized use of your user identification, password, or User Account or any other known or suspected breach of security.

2.6. You acknowledge and agree that you are responsible for any and all activities that occur under your User Account.

3. Availability of the Application

3.1. You acknowledge that Velantis may need to interrupt the Application from time to time to perform maintenance. Velantis anticipates that it will be able to provide reasonable notice to you of any related unavailability of the Application. However, you agree that Velantis has the right to perform maintenance with respect to the Application as and when Velantis deems necessary or appropriate, and whether or not Velantis first gives you notice.

3.2. Velantis strives to use commercially reasonable efforts to make the Application available at all times. However, you acknowledge and agree that Velantis makes no representation or warranty with respect to the availability of the Application.

4. Application Changes, Updates, and Other Changes

4.1. You acknowledge and agree that Velantis from time to time may change the form and nature of the Application, in any way it chooses, without prior notice to you. Velantis may deploy updates to the Application through automatic electronic download and installation processes. You agree to receive any updates Velantis may deploy and allow Velantis to deliver them to you as part of the Application.

4.2. You also acknowledge and agree that Velantis, in its discretion, from time to time may change the Terms of Use, Velantis’s Privacy Policy, the scoring methodology, the AI coaching algorithms, and any other aspect of the Application. You understand and agree that any such change will be effective when Velantis gives you notice of the change, and that the posting of any such change on Velantis’s website or within the Application will constitute notice to you.

5. Proprietary Rights

5.1. As between you and Velantis, you acknowledge that the Application, all data files, written text, documentation, audio files, video files, photographs, graphics, animations, user interface designs, and other visual or auditory material and information of every kind employed in the Application or made available to you in connection with the Application (collectively, “Content”), and all software, source code, object code, artificial intelligence models, machine learning algorithms, training data, model weights, data processing pipelines, database structures, routines, processes, algorithms, and other tangible or intangible technical material or information of every kind employed in the Application (collectively, “Technology”), are Velantis’s intellectual property, and not yours.

5.2. Velantis welcomes any suggestions, ideas, feedback, enhancement requests, recommendations, and other information you may offer with respect to the Application, Content, or Technology. However, you acknowledge and agree that Velantis alone (and its licensors, where applicable) will own all rights, title, and interests in any such information that you provide.

5.3. You acknowledge that the Terms of Use do not convey to you any rights of ownership in or related to the Application, Content, or Technology, including but not limited to the proprietary AI models, algorithms, and training data used by the Application.

5.4. You acknowledge and agree that the Terms of Use do not authorize you to use, in any way, any Content or Technology that is accessible through the Application, except as that Content and Technology is embedded within and available through the Application as a whole. You may not extract any of the Content or Technology and use it in any manner apart from the Application.

5.5. You agree that you immediately will report to Velantis and use reasonable efforts to stop any copying or distribution of Velantis’s Content or Technology that is known to or suspected by you.

6. Specific Restrictions

6.1. Except as otherwise expressly permitted by the Terms of Use, you agree that you will not:

• intercept, for any purpose other than using the Application in accordance with the Terms of Use, any information accessible through the Application;
• copy, modify, or create derivative works of, or adapt, translate, perform, or display all or any part of the Application, Content, or Technology;
• reverse engineer, disassemble, decompile, work around technical limitations in, or attempt to derive source code from all or any portion of the Application, Content, or Technology;
• circumvent or disable any license management technology in the Application;
• license, sublicense, sell, resell, transfer, assign, distribute, or otherwise make available to any third party the Application, Content, or Technology; or
• commercially exploit all or any part of the Application, Content, or Technology in any way.

6.2. You agree that you will not remove, obscure, or alter any proprietary rights notices that may be affixed to or contained within the Application, Content, or Technology.

6.3. You agree that you will not use the Application to: (a) transmit unsolicited or unauthorized email, advertising, junk mail, spam, or any other form of duplicative or unsolicited messages; (b) harvest, collect, or gather information or data regarding other users without their consent; (c) transmit unlawful, libelous, abusive, harassing, defamatory, threatening, harmful, or obscene material of any kind; (d) transmit any material that may infringe any intellectual property rights; (e) transmit any material that contains software viruses or other harmful computer code; (f) engage in any activity that interferes with or disrupts the Application or any server or network connected to the Application; (g) attempt to gain unauthorized access to the Application or other accounts or computer systems; or (h) harass or interfere with another user’s authorized use of the Application.

7. Driving Safety and Assumption of Risk

7.1. The Application is an educational and coaching tool designed to supplement, not replace, professional driving instruction and supervision. You acknowledge that:

• You are solely responsible for the safe operation of any motor vehicle at all times, regardless of whether the Application is active;
• You must comply with all applicable traffic laws, regulations, and rules of the road;
• If you are a learner driver, you must always be accompanied by a properly licensed supervising driver as required by applicable law;
• The Application’s AI coaching, feedback, and scoring are for educational reference only and may not reflect all real-world driving conditions, hazards, or requirements;
• You should never interact with the Application’s user interface while operating a motor vehicle; and
• You assume all risks associated with driving, including the risk of accident, injury, death, and property damage.

8. User Data

8.1. Your “User Data” is any data, content, or information captured, recorded, stored, or provided to Velantis by you in connection with your use of the Application. Your User Data includes personal information you provide during registration (such as your name and email address), as well as driving session data generated by the Application (including GPS coordinates, motion sensor data, driving scores, and route information).

8.2. Velantis will use commercially reasonable efforts to maintain the security and confidentiality of your User Data. However, Velantis will have no obligation or liability to you in connection with any User Data, except to the extent that Velantis’s gross negligence in protecting your User Account compromises the security or confidentiality of your Personal Information.

8.3. You grant to Velantis the non-exclusive, worldwide, royalty-free right to use, copy, store, transmit, and display your User Data for the purposes of providing the Application and improving Velantis’s products and services, including the training and improvement of Velantis’s proprietary AI models using anonymized and aggregated data derived from your use of the Application.

8.4. Velantis will not sell your Personal Information to third parties. Velantis will not edit or disclose any of your User Data without your prior consent, except in accordance with the Terms of Use, Velantis’s Privacy Policy, or as may be required by law or a court or administrative order.

8.5. When your right to access or use the Application expires or is terminated for any reason, Velantis may close your User Account and delete your User Data from Velantis’s active servers, and all attributes of your User Account, including Personal Information, may be lost.

9. Third-Party Content

9.1. You acknowledge that the Application may include hyperlinks to other websites, content, or resources, and that Velantis provides these links only as a matter of convenience. You acknowledge and agree that Velantis is not responsible for the availability of any websites, content, or resources related to such hyperlinks.

9.2. You acknowledge and agree that Velantis is not responsible for any services, content, software, hardware, or other products or materials provided by third parties, and that Velantis is not liable for any loss or damage which you may incur as a result of the availability of external sites or resources.

10. Privacy Policy

Velantis’s current Privacy Policy may be viewed at our Privacy Policy page. You acknowledge that you have reviewed Velantis’s Privacy Policy, and you agree that you will comply with that policy.

11. Compliance with Laws

You agree that you will abide by all applicable local, state, and national laws, treaties, and regulations in connection with your use of the Application, including all applicable traffic laws and motor vehicle regulations.

12. Suspension and Termination

12.1. You acknowledge and agree that Velantis immediately, and without notice to you, may discontinue or suspend access to the Application through your User Account if:

• Velantis is unable to verify or authenticate any information you provide;
• you materially breach the Terms of Use;
• you act in any manner which, in Velantis’s sole judgment, shows that you do not intend to or are unable to comply with the Terms of Use;
• you access the Application or use the Application without authority;
• you make any unauthorized use of the Application, the Content, or the Technology; or
• Velantis is required to do so by law.

12.2. You acknowledge and agree that, if Velantis suspends or terminates your right to use the Application, you must discontinue your use of the Application, Content, and Technology immediately upon your receipt of notice of such termination.

12.3. You specifically acknowledge and agree that any suspension or termination by Velantis will be without prejudice to or waiver of any of Velantis’s other rights or remedies, and that Velantis expressly reserves all rights and remedies.

13. Disclaimer of Warranties

14. Limitation of Liability

14.2. Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages, so some of the above exclusions and limitations may not apply to you. Nothing in these Terms of Use excludes or limits any liability that cannot be excluded or limited under applicable law, including liability for gross negligence, fraud, or willful misconduct.

15. Indemnification

15.1. You agree to indemnify, defend, and hold harmless Velantis and its officers, members, managers, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, judgments, losses, costs, expenses, and fees (including reasonable attorneys’ fees) arising out of or relating to: (a) your use or misuse of the Application; (b) your violation of these Terms of Use; (c) your violation of any applicable law or the rights of any third party, including any traffic law or motor-vehicle regulation; or (d) your operation of any motor vehicle.

16. General Legal Terms

16.1. You agree that Velantis may give you notices, including those regarding changes to the Terms of Use, by email or postings within the Application or on Velantis’s website.

16.2. The Terms of Use and Velantis’s Privacy Policy, as they may be amended from time to time, constitute the whole legal agreement between you and Velantis and govern your use of the Application and completely replace any prior agreements between you and Velantis in relation to the Application.

16.3. You agree that every provision of the Terms of Use is intended to be severable, and if any term or provision is found by a court or other authority of competent jurisdiction to be illegal or invalid for any reason whatsoever, such provision shall be enforced to the maximum extent possible to still be legal and valid, and the remaining provisions shall remain in full force and effect.

16.4. The Terms of Use, the application and interpretation of the Terms of Use, and your relationship with Velantis under the Terms of Use, will be governed exclusively by the laws of the State of Texas. Any action, proceeding, or claim arising out of or relating to the Terms of Use must be prosecuted in Travis County, Texas. You and Velantis irrevocably submit to the exclusive jurisdiction of the state and federal courts of the State of Texas and consent to service of process in any legal proceeding in any such court. Notwithstanding this, you agree that Velantis still will be allowed to apply for injunctive remedies in any jurisdiction.