Terms of Use

01Acceptance

By downloading, installing, or using RoadPulse Helper (the “App”), you agree to these Terms of Use (“Terms”). If you do not agree, do not use the App. You must be old enough to enter into a binding contract in your country to use the App, which is intended for adults. If you are a consumer, these Terms do not affect any mandatory statutory rights you have under the consumer-protection laws of your country (including, in the EU, Directive 2011/83/EU and related national laws).

02The service

The App is a companion utility for the RoadPulse road-condition sensor. It connects to the sensor over a local Wi-Fi network, downloads road-data files the sensor has recorded, and uploads them to our cloud service using your device’s internet connection (more information found in the App’s Privacy Policy). The App requires a compatible RoadPulse sensor to be useful.

03Separate customer agreements

If you use the App on behalf of a municipality, fleet operator, pilot customer, employer, or other organization, and that organization has entered into a separate written agreement with RoadPulse concerning the RoadPulse service, that separate agreement governs to the extent of any conflict with these Terms. These Terms continue to apply to your use of the App where they do not conflict with that separate agreement.

04License

We grant you a limited, non-exclusive, non-transferable, revocable license to use the App on Apple-branded devices you own or control, in accordance with these Terms and the Apple Media Services Terms and Conditions, for your personal or internal use.

05Acceptable use

You agree not to:

• use the App for any unlawful purpose or in violation of any regulation;
• upload data you do not have the right to collect or share;
• interfere with, overload, probe, or attempt to gain unauthorized access to the App, the sensor, or our servers;
• reverse engineer, decompile, or disassemble the App, except to the extent this restriction is prohibited by applicable law or expressly authorized by us in a separate written agreement.

06Safety notice

Do not operate your phone or interact with the App while driving. The App is intended to be used to offload data when the vehicle is safely stopped and parked. You are solely responsible for operating your vehicle safely and complying with all traffic laws. Road-condition data is provided for informational purposes only and must not be relied upon for navigation or safety-critical decisions.

07Data and your responsibilities

Data uploaded through the App is handled as described in our Privacy Policy (available at roadpulse.ch/app/privacy). You are responsible for ensuring you have the right to record and upload the data collected by your sensor, including any location data, and for obtaining any consents required from third parties.

08Intellectual property

The App, its design, and all related content are owned by us or our licensors and are protected by intellectual-property laws. These Terms do not grant you any rights in our trademarks or branding.

09Disclaimers

TO THE EXTENT PERMITTED BY LAW, THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. We do not warrant that the App will be uninterrupted, error-free, or that data will be transmitted or retained without loss. Nothing in these Terms excludes or limits any warranty or right that cannot be excluded or limited under the mandatory law applicable to you as a consumer.

10Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, PROFITS, OR REVENUE, ARISING OUT OF OR RELATED TO YOUR USE OF THE APP. OUR TOTAL AGGREGATE LIABILITY RELATED TO THE APP WILL NOT EXCEED EUR 50. Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, fraud, wilful misconduct, gross negligence, unlawful intent, or any liability that cannot be limited or excluded under applicable law. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

11Termination

We may suspend or terminate your access to the App or the service if you materially breach these Terms. You may stop using the App at any time by deleting it.

12Governing law and disputes

These Terms are governed by the substantive laws of Switzerland, excluding conflict-of-law rules. Subject to mandatory consumer-law protections, disputes shall be subject to the competent courts at RoadPulse AG’s registered seat in the Canton of Schwyz, Switzerland. Disputes will be subject to relevant arbitration organizations, or in the event of non-resolve, the courts of Canton Schwyz. If you are a consumer, you benefit from any mandatory provisions of the law of the country in which you reside, and nothing here deprives you of the protection of those provisions. If you are an EU consumer and we cannot resolve a complaint with you directly, you may be able to refer the dispute to an alternative dispute resolution (ADR) body in your country. We still recommend contacting us first, for a faster and amicable resolution of any complaints or issues.

13Apple App Store: additional terms

These terms apply because the App is distributed via Apple’s App Store. You must comply with all applicable third-party terms when using the App, including Apple Media Services Terms and Conditions and any mobile network, internet, or device-service terms that apply to your use of the App. To the extent of any conflict with the rest of these Terms, this section controls for App Store distribution:

1. 01Acknowledgement. These Terms are between you and us only, not with Apple. Apple is not responsible for the App or its content.
2. 02Scope of license. The license granted is limited to a non-transferable license to use the App on Apple-branded devices you own or control, as permitted by the Apple Media Services Terms and Conditions.
3. 03Maintenance and support. We are solely responsible for providing any maintenance and support for the App. Apple has no obligation to furnish any.
4. 04Warranty. We are solely responsible for any product warranties, whether express or implied. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price (if any); to the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App.
5. 05Product 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.
6. 06Intellectual property claims. We, not Apple, are responsible for the investigation, defense, settlement, and discharge of any third-party intellectual-property infringement claim relating to the App.
7. 07Legal compliance. You represent that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist-supporting” country, and that you are not on any U.S. Government list of prohibited or restricted parties.
8. 08Third-party beneficiary. You acknowledge that Apple and its subsidiaries are third-party beneficiaries of these Terms, and that Apple has the right (and is deemed to have accepted the right) to enforce these Terms against you.

14Changes

We may update these Terms. Where changes are material, we will take reasonable steps to notify you. Continued use of the App after changes take effect constitutes acceptance of the updated Terms, except where applicable law requires your explicit consent.

15Contact

Questions: support@roadpulse.ch

Incorporation Notice

RoadPulse AG is currently in formation. Once RoadPulse AG is incorporated and entered in the Swiss commercial register, these Terms may be assigned or transferred to RoadPulse AG, and RoadPulse AG may assume the rights and obligations under these Terms.