Website terms of service

Please read these Terms of Service (this "Agreement") carefully. Your use of the Service (as defined below) constitutes your consent to this Agreement. This Agreement is between you and Roadway AI, Inc. ("Roadway AI" or "we" or "us" or "our") concerning your use of (including any access to) our website located at https://www.roadwayai.com/ (the "Site") as well as all related websites, networks, embeddable widgets, downloadable software, mobile applications (the "App"), and other services provided by us and on which a link to this Agreement is displayed (collectively, together with the Site, our "Service").

Use of the Service by anyone under the age of 16 is prohibited. By using the Service, you affirm that you are of legal age to enter into this Agreement, or, if you are not, that you have obtained parental or guardian consent. This Agreement contains a mandatory arbitration provision that, as set forth in Section 16 below, requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions of any kind.

1. Changes

We may change this Agreement from time to time by notifying you by any reasonable means, including by posting a revised Agreement through the Service. Any such changes will not apply to any dispute arising prior to the date we posted the revised Agreement. Your use of the Service following any changes constitutes your acceptance of them. We may, at any time and without liability, modify or discontinue all or part of the Service; charge, modify, or waive any fees; or offer opportunities to some or all Service users.

2. Information submitted through the Service

Your submission of information through the Service is governed by Roadway AI's Privacy Policy. You represent and warrant that any information you provide is and will remain accurate and complete, and that you will maintain and update such information as needed.

3. Jurisdictional issues

The Service is controlled or operated from the United States and is not intended to subject Roadway AI to any non-U.S. jurisdiction or law. The Service may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the Service is at your own risk, and you must comply with all applicable laws, rules, and regulations. We may limit the Service's availability at any time, in whole or in part, to any person, geographic area, or jurisdiction that we choose.

4. Rules of conduct

In connection with the Service, you must not:

• Post, transmit, or make available any materials that are or may be threatening, harassing, degrading, hateful, or intimidating; defamatory, libelous, fraudulent, or otherwise tortious; obscene, indecent, pornographic, or otherwise objectionable; or protected by copyright, trademark, trade secret, right of publicity or privacy, or any other proprietary right, without the express prior written consent of the owner.
• Post or transmit any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other harmful or invasive computer code (each, a "Virus").
• Use the Service for any commercial purpose, or for any purpose that is fraudulent or otherwise tortious or unlawful.
• Harvest or collect information about users of the Service.
• Interfere with or disrupt the operation of the Service or the servers or networks used to make it available, including by hacking or defacing any portion of the Service.
• Restrict or inhibit any other person from using the Service.
• Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute, or otherwise exploit any portion of the Service except as expressly authorized, without Roadway AI's express prior written consent.
• Reverse engineer, decompile, or disassemble any portion of the Service, except where such restriction is expressly prohibited by applicable law.
• Attempt to de-anonymize or identify any individual data from any aggregate data provided through the Services.
• Remove any copyright, trademark, or other proprietary rights notice; frame or mirror any portion of the Service; systematically download and store Service content; or use any robot, spider, or automatic device to scrape or data-mine Service content, without Roadway AI's express prior written consent.
• Use any Output or other content received from the Service to (a) create, train, test, or improve any machine learning algorithms or AI systems; (b) develop foundation or large-scale models that compete with Roadway AI or the Service; (c) mislead any person that Output was solely human generated; or (d) violate any documentation or usage guidelines of Roadway AI.

You are responsible for obtaining, maintaining, and paying for all hardware and all telecommunications and other services needed to use the Service.

5. Support

We are under no obligation to provide support for the Service. Where we do offer support, it will be subject to published policies.

6. Registration; user names and passwords

You may need to register to use all or part of the Service. We may reject, or require that you change, any user name, password, or other information you provide. Your user name and password are for your personal use only and should be kept confidential; you, and not Roadway AI, are responsible for any use or misuse of them, and you must promptly notify us of any confidentiality breach or unauthorized use.

7. Feedback

If you provide any ideas, proposals, suggestions, or other materials ("Feedback"), you acknowledge that such Feedback is not confidential and that your provision of it is gratuitous, unsolicited, and without restriction. You grant us a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable, and fully sublicensable license to reproduce, distribute, perform, display, create derivative works of, adapt, modify, and otherwise use and exploit Feedback in any format or media, for any purpose.

8. Monitoring

We may (but have no obligation to) monitor, evaluate, analyze, alter, or remove your access to or use of the Service. We may disclose information regarding your access to and use of the Service, and the circumstances surrounding it, to anyone for any reason or purpose.

9. Your limited rights

Subject to your compliance with this Agreement, and solely for so long as you are permitted by Roadway AI to use the Service, you may view one (1) copy of any portion of the Service to which we provide you access, on any single device, solely for your personal, non-commercial use. The App is licensed (not sold) to end users on a limited, non-exclusive, revocable, non-transferable, non-sublicensable basis, to install and use on a mobile device you own or control, solely for personal, non-commercial use. If you fail to comply with this Agreement, you must immediately cease using the App and remove it from your device.

10. Roadway AI's proprietary rights

We and our suppliers own the Service, which is protected by proprietary rights and laws. All trade names, trademarks, service marks, and logos on the Service not owned by us are the property of their respective owners. You may not use our trade names, trademarks, service marks, or logos in connection with any product or service that is not ours, or in any manner likely to cause confusion.

11. Third party materials; links

Certain Service functionality may make available access to information, products, services, and other materials provided by third parties ("Third Party Materials"), including via links. We neither control nor endorse, nor are we responsible for, any Third Party Materials, including their accuracy, validity, timeliness, completeness, reliability, quality, legality, usefulness, or safety. We have no obligation to monitor Third Party Materials and may block or disable access to them at any time. Your use of Third Party Materials is at your own risk and is subject to any additional terms applicable to them.

12. Disclaimer of warranties

To the fullest extent permitted under applicable law: (a) the Service and any Third Party Materials are made available on an "As Is," "Where Is," and "Where Available" basis, without any warranties of any kind, whether express, implied, or statutory; and (b) Roadway AI disclaims all warranties with respect to the Service and any Third Party Materials, including the warranties of merchantability, fitness for a particular purpose, non-infringement, and title. We may offer early access to alpha, beta, or pre-release Beta Services, which are not generally available and may contain bugs, errors, or defects, and which we may discontinue at any time. While we try to maintain the timeliness, integrity, and security of the Service, we do not guarantee that it is or will remain updated, complete, correct, or secure, or that access will be uninterrupted.

13. Limitation of liability

To the fullest extent permitted under applicable law: Roadway AI will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages of any kind, including damages for loss of profits, use, or data; will not be liable for damages resulting from your use of or inability to use the Service or from any Third Party Materials; your sole and exclusive remedy for dissatisfaction is to stop using the Service; and the maximum aggregate liability of Roadway AI for all damages will be the greater of the total amount you paid to Roadway AI to use the Service in the three (3) month period preceding the event giving rise to the claim and $10.00.

14. Indemnity

To the fullest extent permitted under applicable law, you agree to defend, indemnify, and hold harmless Roadway AI and its affiliated entities, and their respective successors and assigns, from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including attorneys' fees) arising out of or relating to (a) your use of, or activities in connection with, the Service (including all Inputs and Outputs); and (b) any violation or alleged violation of this Agreement by you.

15. Termination

This Agreement is effective until terminated. Roadway AI may terminate or suspend this Agreement or your use of the Service at any time and without prior notice, for any or no reason, including if we believe you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon termination or suspension, your right to use the Service will immediately cease, and we may deactivate or delete your user name, password, and account, and all associated materials.

16. Dispute resolution, arbitration, class action waiver

You agree to resolve certain disputes with Roadway AI through binding arbitration (the "Arbitration Agreement"). Arbitration means that an arbitrator, and not a judge or jury, will decide the dispute. The parties expressly waive the right to bring or participate in any kind of class, collective, or mass action, private attorney general action, or any other representative action.

Covered disputes. Any dispute or claim between you and Roadway AI arising out of or relating to this Agreement or the Services (a "Dispute"), including related software, hardware, integrations, advertising, your account, or any aspects of your relationship or transactions with Roadway AI, will be resolved by binding arbitration rather than in court, including disputes that arose before the existence of this or any prior version of this Agreement.

Exceptions. Arbitration is not required for (i) small claims court actions brought on an individual basis, and (ii) claims pertaining to intellectual property rights, including trademarks, trade dress, domain names, trade secrets, copyrights, and patents.

Informal resolution first. Before initiating arbitration, you agree to mail an individualized Pre-Arbitration Demand to contact@roadwayai.com including your contact details, counsel details (if any), a description of the Dispute, and your signature, so we can try to resolve it. If the Dispute is not resolved within sixty (60) calendar days, arbitration may be brought. Compliance with this process is a condition precedent to commencing arbitration.

Procedure. The Federal Arbitration Act governs this Arbitration Agreement. For California residents, arbitration is administered by ADR Services, Inc. under its Arbitration Rules; for all others, by National Arbitration and Mediation (NAM) under its Comprehensive Dispute Resolution Rules and Procedures. Hearings take place by videoconference by default. A single arbitrator will be appointed and may award damages, declaratory or injunctive relief, and recoverable costs.

Jury trial and mass action waivers. You and Roadway AI waive any constitutional and statutory rights to sue in court and have a trial before a judge or jury, and agree that each may bring claims against the other only on an individual basis and not on a class, collective, representative, or mass action basis. Where fifty (50) or more substantially similar demands are filed together ("Mass Filing"), a Bellwether Arbitration process of sixteen (16) demands applies, followed by global mediation of remaining demands.

Costs, one-year limit, and opt-out. Your responsibility for filing, administrative, and arbitrator costs is as set forth in the applicable provider's rules; a cost waiver may apply if your income is under 300% of federal poverty guidelines. Any claim must be filed within one (1) year after it arose or be permanently barred. You may reject this Arbitration Agreement by emailing an individualized opt-out to contact@roadwayai.com within thirty (30) calendar days after creating your account.

17. Governing law

This Agreement is governed by and construed in accordance with the laws of the State of California, U.S.A., without regard to conflicts of law principles, and regardless of your location. For all disputes other than those governed by the Arbitration Agreement, you and Roadway AI agree to the exclusive jurisdiction of the federal and state courts located in Marin County, California, and waive any jurisdictional, venue, or inconvenient forum objections.

18. Filtering

We notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material harmful to minors. Roadway AI does not endorse any of these products or services.

19. Information or complaints

If you have a question or complaint regarding the Service, please email contact@roadwayai.com. Email communications will not necessarily be secure, so do not include credit card or other sensitive information. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

20. Export controls

You are responsible for complying with United States export controls and for any violation of them, including any U.S. embargoes or other federal rules and regulations restricting exports. You represent and warrant that you are not located in, or a resident or national of, any country subject to a U.S. government embargo or designated as "terrorist supporting," and that you are not on any U.S. government list of restricted end users.

21. Promotions

Any sweepstakes, contests, raffles, surveys, games, or similar promotions ("Promotions") made available through the Service may be governed by rules separate from this Agreement. If you participate, please review the applicable rules and our Privacy Policy. If the rules for a Promotion conflict with this Agreement, the Promotion rules will govern.

22. Miscellaneous

This Agreement does not create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and Roadway AI. If any provision is found unlawful, void, or unenforceable, that provision will be deemed severable and will not affect the validity of any remaining provision. You may not assign, transfer, or sublicense your rights or obligations without our express prior written consent; we may do so without restriction. This Agreement, including any terms incorporated by reference, is the entire agreement between you and Roadway AI relating to its subject matter and supersedes all prior or contemporaneous agreements. Roadway AI will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.