These Terms of Use and End User License Agreement (the "Terms" or "Agreement") are a binding contract between you ("you" or "User") and iWAT LLC, a Pennsylvania limited liability company ("iWAT", "Company", "we", "us"), governing your download, installation, and use of the Prevooh mobile application and related services (together, the "App" or "Service"). In this Agreement, "including" means "including without limitation."
By creating an account, installing, selecting "I Agree," or using the App, you acknowledge you have read and agree to these Terms and to our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the App. If you accept on behalf of an organization, you represent you are authorized to bind it.
Prevooh is an informational driving aid, not a substitute for safe, attentive, and lawful driving.
The App does not provide emergency dispatch, roadside assistance, police, medical, legal, insurance, or guaranteed navigation services. Do not rely on it where a failure or delay could result in death, personal injury, or significant property damage. Call the appropriate emergency service when needed.
Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use one copy of the App on a device you own or control, solely for your personal, non-commercial use. For an App obtained through the Apple App Store, this license is limited to Apple-branded devices you own or control and as permitted by the Apple Media Services Terms (including Family Sharing rules). The App is licensed, not sold; we and our licensors retain all rights not expressly granted.
You may not, directly or indirectly: (a) copy, modify, or create derivative works of the App; (b) reverse engineer, decompile, or disassemble it except as permitted by law; (c) rent, lease, lend, sell, sublicense, or distribute it; (d) remove proprietary notices; (e) scrape, harvest, cache, or systematically extract data from the App or its mapping/traffic providers except through functionality we provide; (f) use the App or its data to build a competing traffic, mapping, navigation, geolocation, advertising, analytics, or data-broker product; (g) circumvent security, access controls, usage limits, or any location-spoofing safeguards; (h) use the App to monitor, stalk, harass, or locate another person without lawful authority and valid consent, or to infer or target anyone based on sensitive locations; or (i) use the App unlawfully or to introduce malware or place unreasonable load on our systems.
Prevooh runs on your device — including in the background, while your screen is locked, or while you use another app — and uses your location, speed, and direction of travel to determine the road you are on and to check for reported traffic delays and incidents ahead of you, so you can be alerted without opening a map app. To do this the App transmits location and movement data to us and to third-party providers (Section 9). We may add, change, or discontinue features at any time; we do not guarantee any feature remains available.
This is a data-powered Service, and data is part of how it is funded. Please read this section carefully. Our detailed practices are in the Privacy Policy; this Section is the contractual license you grant us.
By using the App, and where required by law by giving the separate in-app consents we request, you consent to our collection and processing of: your precise location, speed, heading, and routes/movement over time (including in the background), trip start/stop and inferred corridors, your device and app-usage information, your interactions with alerts, saved places, and account information.
You grant iWAT a worldwide, non-exclusive, royalty-free, fully paid, sublicensable, and transferable license to host, store, reproduce, analyze, process, combine with other lawful data, and create derivative works from the data described above, in order to operate, secure, and improve the Service; develop new products, features, models, and algorithms; and — as described below — generate and commercialize insights. Unless we agree otherwise in writing, you are not entitled to compensation for this.
We may create aggregated and/or de-identified data derived from your and other users' data (for example traffic-flow, congestion, road-usage, and travel-pattern analytics that do not identify you). Aggregated and de-identified data is not personal information, and we may use, license, sell, and disclose it to third parties for any lawful business purpose, including to generate revenue (for example transportation, mapping, planning, insurance, infrastructure, logistics, research, and market analytics). This right survives termination. We will maintain such data in de-identified form and contractually require recipients not to attempt to re-identify it.
We will not sell, license, or disclose identifiable precise-location histories or other Personal Data to an unaffiliated third party for its own independent use unless: (a) it is lawful; (b) it is permitted by Apple, Google, and our mapping-provider terms; (c) you have received clear and prominent notice; (d) we have obtained any separate affirmative consent required by law or platform policy; (e) you have applicable opt-out, withdrawal, and deletion rights; and (f) the recipient is contractually bound to honor the notice and consent given to you. Acceptance of these Terms alone does not substitute for a separate opt-in consent where one is required (see the in-app consent screens).
We will not knowingly sell or disclose location data that identifies or can reasonably be used to infer your visit to a sensitive location for targeted advertising, profiling, surveillance, or other unrelated commercial purposes. Sensitive locations include healthcare and reproductive-health facilities, religious institutions, domestic-violence shelters, schools and childcare facilities, addiction-treatment facilities, military installations, correctional facilities, union halls, political gatherings, and others treated as sensitive under applicable law. We may filter, suppress, generalize, aggregate, or delete data associated with them.
Traffic, route, map, incident, geocoding, and estimated-time information received from Google, TomTom, Apple, or other providers remains subject to that provider's ownership and license terms. We do not sell or transfer ownership of third-party provider content; any commercial data product is limited to Company-owned data, User-consented data, our lawfully generated observations, and permitted derived data.
Personal information is handled as described in the Privacy Policy. Depending on where you live, you may have rights to access, delete, correct, and port your data; to opt out of "sale," "sharing," or targeted advertising; to limit use of sensitive personal information; to appeal a denied request; and to withdraw consent. We honor the controls in the Privacy Policy and the App, and recognized universal opt-out signals (such as Global Privacy Control) where legally required. We will not discriminate against you for exercising these rights.
The App requests permissions including location (precise and background/"always"), motion/activity, notifications, network, and background refresh, so it can monitor the road ahead while you drive without the App open on screen. You can grant, limit ("While Using"), or revoke these anytime in device settings; some features will not work without them. Continuous background GPS use and data transmission consume battery and cellular data, and your carrier may charge for data. We are not responsible for carrier charges or battery consumption.
You agree not to use the App to: violate any law or third-party right; interfere with or disrupt the Service; gain unauthorized access; upload malware; misrepresent your identity; use the Service in any high-risk context where failure could cause death or injury (including autonomous-vehicle control, emergency dispatch, or aviation); or operate a vehicle unsafely or unlawfully while using it.
The App relies on third-party services, including Google Maps Platform and TomTom, and (if you enable push) Firebase Cloud Messaging. Your use of Google-powered features is also subject to the Google Terms of Service, the Google Maps/Google Earth Additional Terms, and the Google Privacy Policy; your use of TomTom-powered features is subject to TomTom's applicable end-user terms. You agree to comply with those terms. Provider data may be inaccurate, delayed, incomplete, region-restricted, or discontinued without notice. We do not control third-party services and are not responsible for them. Provider names and marks belong to their owners; their inclusion is not an endorsement.
The App may display advertising, sponsorships, or promoted content. Where required, we will obtain permission before using Personal Data for tracking or cross-context behavioral advertising, and on Apple devices tracking within Apple's definition is subject to the App Tracking Transparency framework. You may be able to allow/deny tracking, opt out of the sale or sharing of Personal Data, limit targeted advertising, disable advertising identifiers, and use device-level privacy controls. Denying tracking does not remove ads but may make them less personalized.
Some features may be free, advertising-supported, or offered through a paid tier or subscription ("Plus"). Prices and features may change. Purchases made through the Apple App Store or Google Play are processed by them and subject to their terms; subscriptions auto-renew unless canceled at least 24 hours before the period ends, and you manage or cancel them in your store account. Except where required by law or store policy, fees are non-refundable.
If you submit suggestions, ideas, or feedback, you grant iWAT a worldwide, perpetual, irrevocable, royalty-free, transferable, and sublicensable right to use, reproduce, modify, and commercialize it without restriction or compensation, and you represent you have the right to provide it.
The App — its software, design, text, graphics, databases, algorithms, trademarks, and related intellectual property — is owned by iWAT or its licensors and protected by law. Except for the license in Section 3, you receive no rights in the App. Third-party map, traffic, and routing content remains the property of its owners. If you believe content infringes your copyright, contact our agent at customercare@iwatllc.com with the information required by 17 U.S.C. § 512.
The App and all content and data are provided "as is," "as available," and "with all faults," without warranties of any kind, express, implied, or statutory, including merchantability, fitness for a particular purpose, title, non-infringement, and any warranty as to accuracy, timeliness, reliability, completeness, security, or availability of traffic, incident, road, or location information. We do not warrant that the App will identify any or all delays, that alerts will be accurate or timely, that a suggested action will reduce travel time, or that the App will be uninterrupted, secure, or error-free. Some jurisdictions do not allow certain disclaimers, so parts of this section may not apply to you.
To the fullest extent permitted by law, iWAT and its affiliates, licensors, service providers, officers, members, employees, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, data, goodwill, personal injury, vehicle or property damage, delays, or missed appointments, arising out of or relating to the App or these Terms, on any theory, even if advised of the possibility. Our total aggregate liability for all claims will not exceed the greater of (a) the amount you paid us for the App in the 12 months before the claim, or (b) USD $100. Nothing here limits liability that cannot be limited by law.
To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless iWAT and its affiliates, licensors, service providers, officers, members, employees, and agents from claims, damages, and expenses (including reasonable attorneys' fees) arising from your misuse of the App, your violation of these Terms or any law, your infringement of any third-party right, your unsafe or unlawful operation of a vehicle, or content you submit. This does not apply to the extent a claim results from our own unlawful conduct.
You may stop using the App and delete your account at any time. We may suspend or terminate access at any time, with or without notice, including for violation of these Terms, security/legal/safety risk, platform requirements, or discontinuation of the App. On termination the license ends and you must stop using and delete the App. Sections that by their nature should survive (including 6.2–6.7, 12–16, 18, 19) survive. Termination does not eliminate your privacy rights or our legally required deletion obligations.
Except for the Federal Arbitration Act and mandatory consumer-protection or privacy laws that apply based on your residence, these Terms are governed by the laws of the Commonwealth of Pennsylvania, without regard to conflict-of-laws rules. Please read this section carefully — it affects your legal rights.
You may not use, export, or re-export the App in violation of U.S. export-control or sanctions laws. You represent you are not located in an embargoed or "terrorist-supporting" country and are not on any U.S. Government restricted-party list.
We may update these Terms to reflect changes in the App, our practices, the law, platform policies, or third-party services. Material changes will be posted here with a new "Last updated" date and, where required, notified in the App. Continued use after changes take effect means you accept them. Materially different uses of Personal Data may require separate notice or consent and are not authorized by a general amendment alone where additional consent is legally required.
If you obtained the App from the Apple App Store, the following also apply and, for the Apple version, control in case of conflict:
If you obtained the App from Google Play, your use is also subject to the Google Play Terms of Service. Google is not a party to these Terms and is not responsible for the App; in-app billing, refunds, and cancellations for Play-billed purchases follow Google's policies.
These Terms, the Privacy Policy, and any in-app consent notices you accept are the entire agreement regarding the App. If any provision is unenforceable, it is modified to the minimum extent necessary or severed, and the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them in a merger, financing, or asset sale. We are not liable for delays or failures beyond our reasonable control. Headings are for convenience only.
iWAT LLC
760 E. Washington St.
Chambersburg, Pennsylvania 17201, United States
Support: customercare@iwatllc.com ·
Privacy: customercare@iwatllc.com ·
Legal: customercare@iwatllc.com