Terms of Use
These Terms of Use ("Terms") govern your access to and use of the TripMax mobile application and related services (together, the "App"). The App is provided by Ahmed Gagan ("we", "us", "our"). Please read these Terms carefully.
1.Acceptance of these Terms
By downloading, installing, accessing or using the App, you confirm that you have read, understood and agree to be bound by these Terms and by our Privacy Policy, which is incorporated here by reference. If you do not agree, do not download, install or use the App.
You must be at least the age of majority in your jurisdiction, or old enough to form a binding contract, to use the App. The App is not directed to children (see Section 12).
2.Licence grant
Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable and revocable licence to download and use one copy of the App on any Apple-branded device that you own or control, solely for your own personal, non-commercial use, and as permitted by the Apple App Store Terms of Service and the Usage Rules set out in the Apple Media Services Terms and Conditions.
This is a licence, not a sale. We and our licensors retain all right, title and interest in and to the App, including all intellectual property rights. No rights are granted to you other than as expressly set out in these Terms.
3.Subscriptions, billing & auto-renewal
The App offers an optional paid subscription, TripMax Pro, which unlocks additional features such as leaderboard depth, territory boards and other extras. The core ability to record, analyze and keep your own trips is available in the free tier.
- Price. TripMax Pro is offered at $29.99 per year (or the equivalent in your local currency). Prices may vary by region and are subject to change; any price change will apply only to future billing periods.
- Billing. Payment is charged to your Apple App Store account at confirmation of purchase. All billing is handled by Apple — we do not receive or store your payment card details.
- Auto-renewal. Subscriptions automatically renew for the same period at the then-current price unless auto-renew is turned off at least 24 hours before the end of the current period. Your account is charged for renewal within 24 hours before the end of the current period.
- Manage or cancel. You can manage or cancel your subscription, and turn off auto-renewal, at any time in your Apple App Store account settings (Settings → your name → Subscriptions). Cancellation takes effect at the end of the current billing period.
- Free trials / offers. If a free or promotional period is offered, any unused portion is forfeited when you purchase a subscription, where applicable.
- Refunds. Purchases are processed by Apple and are subject to Apple's refund policies. We do not process refunds directly; refund requests must be made to Apple.
4.Apple-specific terms
Standard Apple EULA provisions
These Terms are between you and Ahmed Gagan only, and not with Apple Inc. ("Apple"). Apple is not responsible for the App or its content.
- Scope. The licence granted to you is limited to a non-transferable licence to use the App on any Apple-branded device you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.
- Maintenance & support. We, not Apple, are solely responsible for providing any maintenance and support for the App. Apple has no obligation to furnish any maintenance or support services.
- Warranty. To the maximum extent permitted by law, Apple has no warranty obligation with respect to the App. If the App fails to conform to any 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 whatsoever regarding the App.
- Product claims. We, not Apple, are responsible for addressing any claims relating to the App, including product liability, legal or regulatory non-compliance, and consumer protection claims.
- Intellectual property. In the event of any third-party claim that the App infringes that party's intellectual property rights, we (not Apple) are solely responsible for the investigation, defence, settlement and discharge of that claim.
- Legal compliance. You represent that you are not located in a country subject to a U.S. Government embargo or designated as "terrorist supporting", and are not on any U.S. Government list of prohibited or restricted parties.
- Third-party beneficiary. You acknowledge and agree that Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and that upon your acceptance, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
5.Acceptable use & driver safety
Never operate the App while driving. Set up and start recording before you begin your drive, and do not interact with your phone while the vehicle is in motion. You are solely responsible for driving safely, obeying all traffic laws and speed limits, and for the safety of yourself, your passengers and others. TripMax is an analytics and record-keeping tool — it does not encourage, reward or endorse unsafe, illegal or reckless driving.
You agree not to:
- use the App for any unlawful purpose or to encourage or facilitate illegal, dangerous or reckless driving, racing on public roads, or violation of traffic laws;
- reverse engineer, decompile, disassemble, modify or create derivative works of the App, except to the extent this restriction is prohibited by applicable law;
- submit false, falsified, manipulated or automatically generated data to leaderboards, or otherwise cheat, game or interfere with the ranking systems;
- upload content that is unlawful, infringing, defamatory, obscene, harassing, or that violates the rights of others;
- interfere with, disrupt, or attempt to gain unauthorised access to the App, our servers, or the accounts of other users;
- use the App to build a competing product or to scrape or harvest data at scale.
We may remove content or restrict, suspend or terminate accounts that violate these Terms, including entries we reasonably believe to be fraudulent or manipulated.
6.Your account & user content
You may use the App with an anonymous guest identifier or by signing in with Apple. You are responsible for activity that occurs under your account and for choosing a username and display information that does not infringe others' rights or violate these Terms.
"User Content" includes the trip data you record, your username and display name, country, optional profile photo, and any share graphics you generate. You retain ownership of your User Content. By using features that publish or sync your content (for example, leaderboards and public driver cards), you grant us a worldwide, non-exclusive, royalty-free licence to host, store, reproduce and display that content solely to operate and provide the App's features to you and, where you choose to appear on public leaderboards or driver cards, to other users. You are responsible for what you choose to make public.
7.Accuracy of data
Metrics such as speed, distance, 0–100 km/h and 0–60 mph times, altitude, G-force, braking and cornering are estimated from your device's GPS and motion sensors. They are provided for informational and entertainment purposes only and may be affected by device hardware, signal quality, environmental conditions and other factors. The App is not a certified measurement instrument, and its outputs must not be relied upon for safety-critical, legal, insurance or professional purposes.
8.Disclaimers
To the maximum extent permitted by applicable law, the App is provided "as is" and "as available", without warranties of any kind, whether express, implied or statutory, including implied warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement. We do not warrant that the App will be uninterrupted, error-free, secure, or that any data, results or metrics will be accurate or reliable.
9.Limitation of liability
To the maximum extent permitted by applicable law, in no event will Ahmed Gagan, or our suppliers or licensors, be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, data, goodwill or other intangible losses, arising out of or relating to your use of (or inability to use) the App, whether based on warranty, contract, tort (including negligence) or any other legal theory, and whether or not we have been advised of the possibility of such damages.
To the maximum extent permitted by applicable law, our total aggregate liability arising out of or relating to these Terms or the App will not exceed the greater of (a) the amount you paid to us (via Apple) for the App in the twelve (12) months before the event giving rise to the liability, or (b) USD 25. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you; nothing in these Terms limits liability that cannot be limited under applicable law.
10.Termination
These Terms remain in effect until terminated. You may stop using the App and delete it at any time, and you may delete your account and associated cloud data using the in-app "Delete Account" function. We may suspend or terminate your access to the App at any time if you breach these Terms or if we discontinue the App. Upon termination, the licence granted to you ends and you must stop using the App. Sections that by their nature should survive (including Sections 6–9, 11 and 13) will survive termination.
11.Governing law & disputes
These Terms and any dispute or claim arising out of or in connection with them or the App are governed by and construed in accordance with the laws of India, without regard to its conflict-of-laws rules. Subject to any mandatory consumer-protection rights available to you in your country of residence, you agree that the courts located in India will have jurisdiction to resolve any disputes arising out of or relating to these Terms or the App.
12.Children
The App is not directed to, and not intended for use by, children under the age of 13 (or under 16 where a higher age applies under local law). We do not knowingly collect personal information from children below the applicable age. If you believe a child has provided us with personal information, please contact us so we can delete it.
13.Changes to these Terms
We may update these Terms from time to time. When we make material changes, we will update the "Last updated" date above and, where appropriate, provide notice within the App. Your continued use of the App after changes take effect constitutes acceptance of the revised Terms. If you do not agree to the changes, stop using the App.
14.Contact
Questions about these Terms? Contact Ahmed Gagan at agagan057@gmail.com.