Terms of Service

1. Eligibility

You must be at least 18 years old to use the App. You’re responsible for meeting any licensing, registration and permit requirements for the vehicles you operate and the places you drive them.

2. License to use the App

Subject to these Terms, we grant you a personal, limited, non-exclusive, non-transferable, revocable license to use the App for your own non-commercial use. You may not copy, modify, reverse-engineer, resell or create derivative works from the App, except as permitted by law.

3. Accounts

You’re responsible for your account and all activity under it. Keep your information accurate and current, and tell us promptly about any unauthorized use.

4. Fees and purchases

The App is currently free. If we introduce paid features, their price and terms will be shown before you buy.

Billing: purchases are processed by the Apple App Store under Apple’s terms. We don’t store your payment card details.
Auto-renewal: subscriptions renew automatically at the then-current price unless cancelled at least 24 hours before the end of the current period.
Cancellation: manage or cancel in your App Store account settings. Cancellation takes effect at the end of the current billing period.
Refunds: handled by Apple under its policies. We generally don’t provide refunds directly.
Price changes: apply to future billing periods, after notice as required by Apple and applicable law.

5. Your content

The App lets you submit content, including runs, routes, trail reports and pins, photos, posts, comments, events, club activity and messages (“User Content”).

Your license to us: you grant Ohver a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, display, reproduce, modify (for formatting) and distribute your User Content within and in connection with the App and our marketing of it. You keep ownership of your User Content.
Your responsibility: you represent that you own or have the rights to your User Content and that it doesn’t infringe anyone’s rights or break any law. You’re solely responsible for it.
No endorsement or review: community routes, trail reports and other User Content are created by users. We don’t review, verify or endorse them, and they may be inaccurate or cross closed or private land. Use them at your own risk.
Removal: we may remove any User Content at our discretion.

6. Acceptable use

You agree not to:

Interact with the App while your vehicle is moving. Set up your route before you drive, or have a passenger operate the App;
Use the App to drive where motorized travel isn’t permitted, to trespass, or to leave designated routes;
Use the App to encourage, organize or facilitate illegal driving, including racing and speeding;
Send a false SOS or other convoy signal, or misuse signals to mislead other drivers;
Submit unlawful, infringing, harmful or misleading content, including trail reports you know to be false;
Harass, threaten or impersonate other users;
Scrape, harvest or extract trail, route or user data except through features we provide;
Interfere with or attempt to compromise the App’s security or operation.

7. Safety and assumption of risk

Ohver is a tool for finding, recording and sharing off-road trails. It is not a substitute for judgment, preparation, or safe and lawful driving. Your safety is your responsibility. You acknowledge and agree that:

Off-road driving carries inherent risk of injury, death, vehicle damage and becoming stranded, and you assume all risk of your own driving.
Trail maps, routes, difficulty ratings, elevation and grade figures, and guidance come from OpenStreetMap, government land managers and other users; some are estimates, and any of them may be inaccurate, incomplete or out of date. Posted signs, gates, closures and land-manager rules always take precedence over the App.
A trail appearing in the App doesn’t mean it’s open, legal for your vehicle, or safe. Trail status changes with weather, season and land-management decisions. Before you go, you’ll confirm with the land manager — the U.S. Forest Service, the Bureau of Land Management, a state agency or a private owner — that the trail is open and legal for your vehicle.
Cell coverage on trails is often absent. The App may not work, and the positions it shows for other drivers may be delayed or out of date.
The App’s SOS and convoy signals only alert other Ohver users. They don’t contact 911, emergency services or search and rescue, and they may not be delivered.
We don’t inspect, control or guarantee the condition, safety or legality of any trail, route or location.
You’ll carry maps, water and recovery gear, and tell someone your plan and return time.

8. Disclaimer of warranties

The App and all content are provided “as is” and “as available,” without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy and non-infringement. We don’t warrant that the App will be uninterrupted or error-free, or that any content — including maps, trail, route, difficulty or position data — is accurate or reliable.

9. Limitation of liability

To the maximum extent permitted by law, Road&Rally, LLC and its owners, members and affiliates will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any personal injury, property damage, loss of data or lost profits, arising out of or relating to your use of the App — whether based in contract, tort or otherwise — even if advised of the possibility of such damages.

10. Indemnification

You agree to indemnify and hold harmless Road&Rally, LLC and its owners and affiliates from any claims, damages and expenses (including reasonable attorneys’ fees) arising from your use of the App, your User Content, your violation of these Terms, or your violation of any law or third-party right.

11. Intellectual property and map data

The App, its content (excluding User Content and third-party data) and its branding are owned by Road&Rally, LLC and protected by intellectual property laws. The Ohver name and logo are our marks, and nothing in these Terms grants you rights in them.

Map and trail data in the App includes data © OpenStreetMap contributors, available under the Open Database License, and public data from the U.S. Forest Service and the Bureau of Land Management. Maps and terrain © Mapbox.

12. Third-party services

The App relies on third-party services, including mapping, analytics and notification providers, and can connect to Meshtastic radios and radio networks we don’t operate. We’re not responsible for third-party services, and your use of them may be subject to their terms.

13. Disputes and arbitration

Please read this section carefully — it affects how disputes are resolved and limits your rights.

Informal resolution first: email us at hello@ohver.app and we’ll try to resolve any dispute informally within 60 days.
Binding arbitration: except for small-claims matters and claims for injunctive relief, any dispute will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its consumer rules, rather than in court.
Class-action waiver: disputes will be brought only in your individual capacity, not as a plaintiff or class member in any class or representative proceeding.
Opt-out: you may opt out of arbitration by emailing hello@ohver.app within 30 days of first accepting these Terms.

14. Governing law

These Terms are governed by the laws of the State of North Carolina, without regard to its conflict-of-laws rules. Subject to section 13, the exclusive venue for any permitted court action is the state or federal courts located in Wake County, North Carolina.

15. Termination

We may suspend or end your access at any time for any reason, including violation of these Terms. You may stop using the App at any time. Sections that by their nature should survive — including 5, 7–10, 13 and 14 — survive termination.

16. Changes to these Terms

We may update these Terms. We’ll post the new version with a new “Last updated” date and, for material changes, tell you in the App. Continuing to use the App after a change means you accept it.

17. Apple App Store terms

If you downloaded the App from the Apple App Store:

These Terms are between you and Road&Rally, LLC only, not with Apple.
Apple has no obligation to provide support or maintenance for the App.
Apple isn’t responsible for any product warranties or claims, including product liability, legal compliance or intellectual-property claims.
Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
You represent that you’re not located in a U.S.-embargoed country or on a prohibited-parties list.

18. Miscellaneous

These Terms are the entire agreement between you and us about the App. If any provision is unenforceable, the rest stays in effect. Our failure to enforce a provision isn’t a waiver. You may not assign these Terms; we may.

19. Contact

Questions about these Terms: hello@ohver.app — Road&Rally, LLC, 3315 Sugar House St, Raleigh, NC 27614.