Terms and Conditions
These Terms and Conditions (“Terms”) are a legally binding agreement between you and Drivepoints Inc. (“Drivepoints,” “we,” “us,” or “our”) governing your use of the Drivepoints mobile application (the “App”), public website, and fleet management dashboard (collectively, the “Platform”). By creating an account, downloading or using the App, accessing or using the fleet management dashboard, or otherwise using the Platform, you agree to these Terms. If you do not agree, do not use the Platform.
These Terms incorporate by reference our Privacy Policy, available at www.drivepoints.com/privacy-policy. Where these Terms and the Privacy Policy conflict on a matter of data collection or use, the Privacy Policy controls.
1. Eligibility
You must be at least eighteen (18) years of age to use the Platform. By using the Platform, you represent that you meet this age requirement and have the legal capacity to enter into these Terms. If you use the App while operating a vehicle, you further represent that you are legally authorized and appropriately licensed to operate that vehicle and will comply with all applicable licensing, vehicle, and traffic requirements.
2. What the App Does
The App provides navigation guidance and suggests routes based on aggregated historical accident data from publicly available federal government databases, specifically the NHTSA Fatality Analysis Reporting System and Crash Report Sampling System. The App identifies driving maneuvers, such as unprotected left turns at intersections, that the federal data associates with higher accident rates, and suggests routes that minimize those maneuver types where alternatives are available.
The underlying data is current through 2024. The App does not analyze real-time conditions, current road configuration, weather, traffic, or any other dynamic factor. Route suggestions are for informational purposes only. They do not constitute a representation that any route is safe, and Drivepoints does not guarantee the accuracy, completeness, or suitability of any route suggestion for your particular circumstances.
3. Account Registration
Certain Platform features, including the App and fleet management dashboard, require an account. You agree to provide accurate and complete information at registration and to keep it current. You are responsible for the confidentiality of your credentials and for all activity under your account. Notify us immediately at privacy@drivepoints.com of any unauthorized account use or security breach.
4. Navigation Disclaimer — Read Carefully
The App’s route suggestions are based on historical aggregate federal crash data. They do not reflect current road conditions, construction, closures, weather, or any real-time factor. By using the App, you acknowledge and agree that:
You are not relying on the App as a guarantee of safety on any route.
You will obey all applicable traffic laws, signals, and signage regardless of the App’s suggestions.
You will exercise your own independent judgment in all driving decisions.
The App is a decision-support tool. It is not a safety system, and Drivepoints makes no representation that following its suggestions will reduce your likelihood of an accident.
You are solely responsible for the safe operation of your vehicle at all times.
5. Permitted Use; Prohibited Conduct
You may use the Platform only for lawful purposes and in accordance with these Terms and, where applicable, any separate Fleet Pilot Program Agreement or other written agreement with Drivepoints. You agree not to:
Use the App in any manner that violates applicable federal, state, or local law.
Interfere with or attempt to disrupt the operation, security, or integrity of the App or its underlying systems.
Attempt to gain unauthorized access to any portion of the App or its data infrastructure.
Reverse engineer, decompile, disassemble, or attempt to derive the source code of any part of the App.
Use the App for commercial resale, sublicensing, or redistribution without our prior written authorization.
Systematically scrape, harvest, or extract data from the App through automated means.
6. Location Services
The App requires access to your device’s precise location to function. By using the App, you consent to the collection of GPS-based location data during active navigation sessions as described in our Privacy Policy. You may revoke location access through your device settings at any time, but doing so will prevent the App from operating. Location data is used only as described in our Privacy Policy and is not used for advertising or cross-application tracking.
7. Third-Party Services
The Platform relies on third-party services, including Mapbox for maps, Drivepoints API for routing, AWS Cognito for authentication, and Vexo for application analytics, error and crash monitoring, and session replay. These providers may process information as described in our Privacy Policy. Your use of third-party services through the Platform may also be subject to their respective terms and privacy policies. We are not responsible for the availability, accuracy, or content of third-party services, and an interruption or failure of a third-party service does not, by itself, constitute a breach of these Terms by Drivepoints.
8. Intellectual Property
All content, software, algorithms, data models, trademarks, and other intellectual property comprising or incorporated into the Platform are owned by or licensed to Drivepoints. These Terms grant you a limited, personal, non-exclusive, non-transferable, revocable license to use the Platform for its intended purposes. No other rights are granted. You may not copy, modify, distribute, sell, sublicense, or create derivative works from any part of the Platform without our express prior written permission, except as expressly permitted by applicable law or a separate written agreement with Drivepoints.
9. Disclaimer of Warranties
THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DRIVEPOINTS EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. DRIVEPOINTS DOES NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ROUTE SUGGESTIONS WILL BE ACCURATE OR SUITABLE FOR YOUR CIRCUMSTANCES, OR THAT THE APP WILL MEET YOUR REQUIREMENTS.
10. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DRIVEPOINTS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF DATA, PERSONAL INJURY, PROPERTY DAMAGE, OR ANY OTHER LOSS ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APP, EVEN IF DRIVEPOINTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ALL EVENTS, DRIVEPOINTS’ TOTAL AGGREGATE LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR THE APP SHALL NOT EXCEED THE GREATER OF (A) ONE HUNDRED DOLLARS ($100.00) OR (B) THE TOTAL AMOUNTS YOU HAVE PAID TO DRIVEPOINTS IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
Nothing in this Section limits liability for: (a) death or personal injury caused by Drivepoints’ gross negligence or willful misconduct; (b) fraud or fraudulent misrepresentation; or (c) any liability that cannot be excluded or limited by applicable law.
11. Indemnification
You agree to indemnify, defend, and hold harmless Drivepoints and its officers, directors, employees, agents, and service providers from and against any claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to your use of the App in violation of these Terms, your violation of any applicable law or third-party rights, or any content or information you provide through the App. This obligation does not apply to the extent any claim arises from Drivepoints’ own negligence or willful misconduct.
12. Dispute Resolution
Informal Resolution First
Before initiating any formal proceeding, you agree to contact Drivepoints at privacy@drivepoints.com and provide written notice describing your dispute. Drivepoints will have thirty (30) days to respond. If the dispute is not resolved within that period, either party may proceed to arbitration as described below.
Binding Individual Arbitration
Except as provided below, all disputes, claims, or controversies arising out of or relating to these Terms or your use of the App shall be resolved by final and binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, as modified by these Terms. The arbitration will be conducted in Alameda County, California unless the parties agree otherwise. The arbitrator’s decision will be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.
Exceptions to Arbitration
Either party may bring claims in small claims court if the dispute qualifies. Either party may seek emergency injunctive or equitable relief from a court of competent jurisdiction to prevent actual or threatened infringement of intellectual property rights or breach of confidentiality obligations, pending arbitration.
Class Action Waiver
YOU AND DRIVEPOINTS EACH AGREE THAT ANY DISPUTE WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. If a court determines that the class action waiver is unenforceable with respect to a particular claim, that claim only will be severed from arbitration and proceed in court, while all remaining claims proceed in arbitration on an individual basis.
Governing Law
These Terms are governed by the laws of the State of California, without regard to its conflict of law provisions. The Federal Arbitration Act governs the interpretation and enforcement of the arbitration provision above.
13. Changes to These Terms
We may update these Terms from time to time. For material changes, we will provide at least thirty (30) days’ advance notice through the App or by email. For any change to the arbitration provision, we will provide at least sixty (60) days’ advance notice and will allow you to opt out of the change by notifying us in writing within that period; if you opt out, the prior arbitration terms continue to apply to you. Continued use of the App after the effective date constitutes acceptance of the revised Terms.
14. Termination
We may suspend or terminate your access to the Platform if you violate these Terms, engage in conduct that creates legal or operational risk for Drivepoints, or for any other reason with reasonable notice. Upon termination, your license to use the Platform immediately ceases. Sections 8 through 16 survive termination of these Terms. You may stop using the Platform at any time and may request account deletion as described in our Privacy Policy, subject to applicable retention requirements.
15. Service Availability
The Platform is designed principally for use within the United States. We do not guarantee uninterrupted or error-free operation of the Platform. We may update, modify, suspend, or discontinue the Platform or any feature at any time with reasonable notice. We are not liable to you for any modification, suspension, or discontinuation of the Platform to the fullest extent permitted by law.
16. General Provisions
Entire Agreement. These Terms, together with our Privacy Policy and any additional written terms expressly applicable to a particular Drivepoints service or Pilot Program, constitute the agreement between you and Drivepoints concerning your use of the Platform, subject to any order-of-precedence provision in an applicable written agreement.
Severability. If any provision of these Terms is found invalid or unenforceable, the remaining provisions continue in full force, and the invalid provision will be modified only to the minimum extent necessary to make it enforceable.
Waiver. No failure or delay by Drivepoints in exercising any right under these Terms constitutes a waiver of that right.
Assignment. You may not assign these Terms or any rights or obligations under them without our prior written consent. We may assign these Terms freely, including in connection with a merger, acquisition, or asset sale, with notice to you.
Contact. For questions about these Terms, contact us at privacy@drivepoints.com.
Effective: September 9, 2026