Terms of Use

1. Basic Terms and Risk Assumption

1.1 Risks and User Conduct

You hereby represent that you are duly aware that the activities in which you may be participating in connection with the use of the services and/or the capturing of content to be uploaded to the services may involve risks. You further acknowledge and assume these risks and you hereby elect, voluntarily, to engage in such activities. You represent and warrant that: (1) you understand and appreciate the risks associated with the activities you may engage in; (2) you understand that (A) you should not travel to or remain in any area during, before, or after a dangerous driving event and (B) CallOut has no right or ability to direct the manner in which you gather content; (3) any injuries or other damage suffered by you are incurred at your own risk and will not be compensable by workers compensation or any other insurance program maintained by CallOut, and CallOut shall not be liable to you or others in any way for such damages; and (4) you will not incite, encourage, cause, or engage in any criminal, hazardous, illegal, or otherwise unsafe activity in connection with your use of the services or in an effort to obtain or provide content.

You may access and use the Services and Content only if you are at least 16 years of age and of sound mind, you can form a binding contract with CallOut, and you are not a person barred from receiving or using the Services under the laws of the United States or other applicable jurisdiction.

1.2 Cautious Driving

Always drive vigilantly according to road conditions and in accordance with traffic laws. It is strictly forbidden to interact with the Service while driving. Reports you want to submit to the Service may only be sent after you have stopped your vehicle in an appropriate location permitted by law. Alternatively, such updates may be sent by a passenger other than the driver, provided it does not interfere with the due course of driving and does not distract the driver’s attention to the road.

1.3 Changes to Services or Terms

The Services that CallOut provides are always evolving, and the form and nature of the Services may change from time to time without prior notice to you. CallOut also retains the right to create limits and restrictions on use of the Services and/or Content or suspend or terminate your access to the Services and/or Content, at CallOut’s sole discretion at any time without prior notice to you.

1.4 Service Features

To use the Services and access the Content most effectively, you must enable your mobile device as follows: to receive push notifications from the App; to permit the App to access both the camera and microphone; to permit the App to record photos and videos with full EXIF timestamp and location metadata tagging enabled, and to permit the App to access your location (only while using the app).

1.5 CallOut Communications

By agreeing to the Terms, using the Services or accessing the Content, you agree to receive communications from us and our affiliate companies, including via email, text message, calls, in-app direct messaging, and push notifications. You agree that texts, direct messages, calls, or prerecorded messages may be generated by automatic telephone dialing systems. Operational communications concerning your account are considered part of the Services and you may not be able to opt out from receiving these.

2. Service Access Credentials

You are responsible for safeguarding the credentials used to access the Services. CallOut cannot and will not be liable for any loss or damage arising from unauthorized access to your account resulting from your failure to safeguard your device and/or such credentials.

3. Content on the Services

3.1 Responsibility

All Content transmitted to or through the Services is the sole responsibility of the person who originated or captured such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your sole risk. We do not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any Content.

3.2 Content Rights

By submitting, posting, or displaying Content on or through the Services, you grant CallOut a worldwide, unlimited, non-exclusive, perpetual, unconditional, irrevocable, assignable, sublicensable, royalty-free, fully paid up license to use, copy, reproduce, exploit, create derivative works based on, process, adapt, modify, publish, transmit, display, and distribute such Content in any and all media or distribution methods.

You understand that your Content may be syndicated, broadcast, distributed, exploited, copied, or published by our licensees and sublicensees, and that if you do not have the rights and license to submit Content for such use, you may be subject to liability.

4. Restrictions on Content and Use

You shall not provide Content that:

• Impersonates another person or entity in a misleading manner;
• Violates third-party rights (copyright, trademark, privacy);
• Promotes discrimination, hatred, or harm;
• Is defamatory, pornographic, or intentionally vulgar or offensive;
• Is harassing, abusive, or constitutes spam.

You may not attempt to:

• Access non-public areas of the Services or CallOut's systems;
• Probe, scan, or test vulnerabilities or breach security measures;
• Scrape the Services without prior consent (expressly prohibited);
• Interfere with or disrupt the access of any user, host, or network;
• Bypass technological measures implemented to protect the Services or Content;
• Decipher, decompile, disassemble, or reverse engineer any software.

5. Intellectual Property

All intellectual property rights in and to the Site, the Service and its database—including copyrights, trademarks, industrial designs, patents and trade secrets—are the exclusive property of CallOut or its affiliates. "CallOut", the CallOut logo, and other marks are property of CallOut.

The design, trade dress, and the ‘look and feel’ of the site and the Services are protected works under applicable copyright laws. You may not copy or print more than one copy of any data or material appearing on the Site.

6. CallOut Rights

All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of CallOut and its licensors. Any feedback you provide is voluntary and we are free to use it without obligation to you.

7. Premium Services fees and Auto Renewal Terms

7.1 Subscription Fees

Service Subscription Fees are non-cancelable and non-refundable. No contract exists until CallOut or the App Store accepts your order. Free trials expire after the specified time.

7.2 Automatic Renewal

Your subscription continues indefinitely until terminated. It automatically renews for equivalent periods unless you cancel at least 24 hours prior to renewal. You can cancel in the App Settings. No refunds are provided for current subscription periods.

8. Suspension or Termination

You may end your legal agreement by deactivating your account and discontinuing use. CallOut may suspend or terminate your account if we believe you have violated these Terms, pose a security risk, or if provision of the Services is no longer commercially viable.

9. Warranties and Disclaimers

The services are provided on an “as is” and “as available” basis. To the maximum extent permitted by law, CallOut Entities disclaim all warranties of merchantability, fitness for a particular purpose, or non-infringement.

The CallOut Entities make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, or reliability of the Services or Content. Any access to "beta" features is solely for experimental purposes and without warranty.

CallOut is not responsible for third-party links or Fundraisers. All donations to a Fundraiser are made at your own risk.

10. Limitation of Liability

To the maximum extent permitted by applicable law, CallOut Entities shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues.

In no event shall the aggregate liability of the CallOut Entities exceed one hundred U.S. dollars ($100.00) or, if greater, the amount paid for premium services during the six (6) month period prior to the occurrence.

11. Indemnity and Release

You will indemnify and hold harmless the CallOut Entities from any claims arising out of your access to the Services, your conduct, your Content, or your violation of these Terms.

You hereby release the CallOut Entities from any and all liability, property damage, physical injury, or death that may be sustained while using the Services or capturing content. This release is binding upon your relatives, heirs, and beneficiaries.

12. Infringement and DMCA Notice

If you believe Content infringes your copyright, please notify us at: CallOut Bad Drivers LLC, 5630 Venice Blvd #1041, Los Angeles, CA 90019, USA. Notifications must include your signature, description of the work, identification of infringing content, and your contact info.

14. App Stores

Availability depends on the applicable App Store. The Terms are between you and CallOut, not the App Store. Apple has no obligation to furnish maintenance and support services. In the event of failure to conform to warranty, Apple will refund the purchase price, but has no other warranty obligation.

15. Other General Terms

The failure of CallOut to enforce any right or provision of these Terms will not be deemed a waiver. If any provision is held invalid or unenforceable, it will be limited to the minimum extent necessary, and the remaining provisions will remain in full force. You may not assign or transfer these Terms without CallOut’s prior written consent.

Any notices provided by CallOut will be given via email or by posting to the Services. These Terms and our Privacy Policy are the entire and exclusive agreement between CallOut and you regarding the Services.

16. No Legal Relationship

These Terms of Use and your use of the Services do not create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties. Your use of the Services is for your enjoyment and the provision of Services constitutes the sole consideration for any Content contributed.

17. Complete Terms

These Terms, together with the Privacy Policy and Copyright Policy, constitute the entire agreement between you and CallOut concerning the Services. In the event of an inconsistency between these Terms and any synopsis presented during installation, these Terms shall prevail.

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