Terms of Use

1. How we will notify you

We may provide notices in-app, by email, by SMS, or on our website, including for changes to these Terms, security issues, and important service information. It is your responsibility to keep your contact information current.

2. Eligibility; accounts; security

Age and capacity. The Services are intended for users who are at least the age of digital consent in your jurisdiction, and in any case not younger than 16 unless your parent or legal guardian has provided verifiable consent where required. If you are at least 13 but under 18, you may need a parent’s or guardian’s permission, depending on where you live. Do not use the Services if you are not eligible.

Accurate information. You agree to provide accurate account and registration information, including a valid phone number for verification, and to update it as needed. You are responsible for activity on your account.

No sharing accounts. You may not sell, share, or transfer your account without our written permission, except to the extent your platform (Apple, Google) allows under its rules.

3. Acceptable use; safety; driving

You agree you will not:

• Violate any law or third-party rights, including intellectual property, privacy, and publicity;
• Harass, threaten, defraud, or harm others, or use the Services for stalking or nonconsensual tracking;
• Interfere with, disrupt, reverse engineer, or try to break the security or performance of the Services, or use automated means to access the Services without permission;
• Upload or distribute malware, or attempt to gain unauthorized access to our systems or other users’ accounts;
• Impersonate a person or entity, or create accounts or content that are misleading; or
• Collect or use another user’s data without a lawful basis, including in violation of the platform rules that apply to your device.

Do not use the app while an unsafe or distracted driver. You are responsible for following traffic laws, road conditions, and safe driving. Driftd provides tools to support events and community; you remain solely responsible for the operation of your vehicle and the safety of yourself, your passengers, and the public. Use of the Services in moving vehicles is at your own risk and may be subject to local restrictions.

4. Community safety; reporting; blocking

Some features allow users to post or exchange messages, media, profile details, and other content. You agree not to misuse those features (see acceptable use above). If you see abusive behavior or content that violates these Terms, notify us at legal@ottomot.to with the subject “Driftd — Report a concern,” or follow any in-app reporting tools we provide. Where available, you may also block another user from contacting you directly; blocking does not necessarily remove content or visibility in shared squads. We may moderate content and accounts where appropriate.

5. Location-based services; maps; third parties

Parts of the Services rely on device location, mapping data, and related technologies from Apple, Google, or other providers, subject to their own terms. Location may be inaccurate, and we do not warrant that any route, map, or presence feature is error-free or current. Some features are only available when you allow location and related device permissions, including background access where the Services require it and your settings allow.

6. Your content; license; feedback

You retain ownership of content you submit, upload, or share through the Services, subject to these Terms. You grant Otto Motto, LLC a non-exclusive, worldwide, royalty-free license (with the right to sublicense to service providers) to use, store, copy, display, process, and create derivative content as reasonably necessary to provide, protect, and improve the Services, including as described in the Privacy Policy.

You are responsible for your content and for ensuring you have the rights to share it. You represent that you have the necessary rights, and you will not submit content you do not have the right to use.

Feedback. If you send us suggestions or feedback, you grant us a worldwide, royalty-free, perpetual, irrevocable license to use, disclose, and commercialize the feedback for any purpose without payment or credit to you.

7. Copyright; repeat infringer policy

We respect intellectual property rights. If you believe content on the Services infringes your rights, you may contact us with the information required under the United States Digital Millennium Copyright Act (DMCA) or as otherwise required in your region, including: identification of the work, location of the material, your contact information, a good-faith statement, and, under the DMCA, a physical or electronic signature, and a statement of accuracy. We may remove or disable access to content and terminate repeat infringers, where appropriate.

Designated copyright agent: contact legal@ottomot.to with the subject “DMCA notice.” We may change this address; the current one will be posted in these Terms.

8. Apple Inc.; App Store; Google Play

If you obtain the iOS app from the Apple App Store, you acknowledge and agree that:

• These Terms are between you and Otto Motto, LLC only, and not with Apple, except that Apple (and its subsidiaries) are third-party beneficiaries of the sections required by Apple’s terms, solely to the extent of enforcing the applicable license. Apple is not responsible for the app or its content, maintenance, or support.
• You may be subject to the Apple App Store and Media Services Terms and Conditions and, where provided in your region, the Licensed Application End User License Agreement (EULA) Apple may supply with the app. In the event of a conflict, Apple’s EULA and App Store terms govern their relationship with you and their license, and you must comply both with those and with these Terms.
• To the maximum extent permitted by law, Apple has no warranty obligation with respect to the iOS app. If the app is defective, you may have rights under your local consumer law; Apple is not one of the parties to these Terms, except as a third-party beneficiary limited to that purpose under Apple’s EULA, where it applies.

Google. If you obtain the app from Google Play, you also agree to Google’s terms and those terms apply in addition to these.

9. Driftd’s property

Except for your own content, the Services and all associated marks, logos, software, and materials are owned by Otto Motto, LLC and its licensors, protected by law. These Terms do not grant you any right to our trademarks, except a limited, revocable, non-exclusive license to use the app as permitted in these Terms.

10. Changes; suspension; termination

We may change the Services or these Terms. If we make material changes, we will use reasonable means to provide notice, such as in-app, by email, or on our website, as appropriate, before or when the new terms take effect, subject to any earlier effective date required to comply with the law. Continued use after the effective date constitutes acceptance of the updated Terms, except that some changes may not apply without your consent where the law requires.

We may suspend or terminate your access, with or without notice, for conduct that we (reasonably) believe violates these Terms, the law, or the safety or rights of other users, or to protect the Services, subject to your mandatory consumer rights.

11. Warranties; disclaimer

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES IMPLIED BY COURSE OF DEALING OR USAGE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE, OR SECURE, OR THAT ANY CONTENT WILL BE ACCURATE, RELIABLE, OR SAFE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY LIMITATIONS, SO THE FOREGOING MAY NOT APPLY TO YOU.

12. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL OTTO MOTTO, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM OR RELATING TO YOUR USE OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) U.S. ONE HUNDRED DOLLARS (USD $100) OR (B) THE AMOUNT YOU PAID TO OTTO MOTTO, LLC IN THE SIX (6) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY (IF APPLICABLE). THE LIMITATIONS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND REMAIN IN EFFECT EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIABILITIES OR DAMAGES TO BE LIMITED, IN WHICH CASE OTTO MOTTO, LLC’S LIABILITY IS LIMITED TO THE FULLEST EXTENT THE LAW ALLOWS.

13. Indemnity

To the fullest extent permitted by law, you will defend, indemnify, and hold harmless Otto Motto, LLC and its officers, directors, employees, and affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Services, your content, your violation of these Terms, or your violation of third-party or public rights, except to the extent caused by our willful misconduct or, where the law otherwise prohibits, our gross negligence.

14. Governing law; exclusive venue; informal resolution

Governing law. To the maximum extent allowed by mandatory consumer law in the country in which you reside, these Terms are governed by the laws of the State of Delaware, United States, without giving effect to any conflict of law rules that would require a different result, except to the extent required by your mandatory local consumer law.

Forum. If you and Otto Motto, LLC are both located in the United States, the exclusive venue for any dispute (except for small-claims actions, where you may be entitled to your local small-claims court) shall be the state and federal courts of Delaware, and you consent to personal jurisdiction there, except to the extent mandatory local law in your U.S. state of residence does not allow such a forum. Before starting any action, you agree to try to contact us in good faith to attempt to resolve the dispute.

EU consumers. If you are a consumer habitually resident in the EEA, UK, or Switzerland, you may be entitled to bring proceedings in your home courts and to mandatory local consumer rights that cannot be waived, subject to applicable law. Nothing in these Terms limits those non-waivable rights.

15. Export; U.S. government; survival; assignment; entire agreement; severability

Export. You may not use or export the Services in violation of U.S. or other applicable export control or sanctions laws.

U.S. government. If the Services or related software are acquired by or for the U.S. government, the Services are “commercial computer software” or “commercial computer software documentation” for Federal Acquisition Regulation purposes, and use is subject to these Terms, per applicable agency regulations, where applicable.

Provisions of these Terms that by their nature should continue will survive termination (including ownership, disclaimers, limitations of liability, and governing law). We may transfer our rights and obligations. You may not without our prior written consent. The Privacy Policy, together with any additional terms for specific products or betas, forms the complete agreement. If a provision is invalid, the remainder remains in effect.

16. California residents; dispute notice

Under California Civil Code section 1789.3, users in California may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at 1-800-952-5210, with complaints regarding the service or the provider.

17. How to contact us

For questions about these Terms, contact Otto Motto, LLC at legal@ottomot.to.