Terms of Service

01The agreement

These Terms of Service (“Terms”) are a binding agreement between you and Rahul Ankola, an individual (sole proprietor) in Pennsylvania, United States, who operates DriftKin (“DriftKin”, “we”, “us”). They cover the website at driftkin.app, the DriftKin apps for iOS and Android, Drifty, and every related feature (together, the “Service”).

By creating an account, joining the waitlist or beta, or otherwise using the Service, you agree to these Terms and confirm you have read our Privacy Policy, Cookie Policy and Refund Policy, which form part of these Terms. If you don’t agree, don’t use the Service.

Nothing in these Terms removes rights you have under consumer protection laws that can’t be waived by contract. Where a clause says “to the extent permitted by law”, it applies only as far as the law where you live allows.

02Who can use DriftKin

You must be at least 13 years old to use the Service. If you are under 18, or under the age of majority where you live, you may use it only with the involvement of a parent or guardian who agrees to these Terms for you. Only a parent or guardian may make purchases for you. DriftKin is offered only in the United States, and you may not use it if you are barred from doing so under U.S. law.

03Your account

• Give accurate information when you sign up, and keep it up to date.
• Keep your password secret. You are responsible for what happens under your account unless it was caused by our failure to keep the Service secure. Tell us straight away at support@driftkin.app if you think someone else has accessed it.
• Accounts are for one person. Don’t sell, transfer or share yours.
• You can delete your account at any time in the app under Profile → Delete account, or at driftkin.app/delete-account. Deletion is permanent.

04Drive safely

05Information is approximate

DriftKin combines data from third parties, including Google Maps Platform, OpenStreetMap contributors, the U.S. National Weather Service and the U.S. National Park Service. This information can be incomplete, out of date or wrong, and it is provided for planning only.

• Routes, distances and drive times are estimates. They may not reflect traffic, closures, detours, weather or construction.
• Toll estimates are approximate. Actual charges depend on things like the time of day, your vehicle class and axle count, how you pay, transponder discounts, and dynamic pricing. DriftKin does not process toll payments and is not responsible for tolls, fees, fines or penalties you incur. Check with the toll operator. A toll price is not available for every road.
• Weather is a forecast, not a guarantee, and forecasts more than a few days out are unreliable. Where weather affects your safety, check an official source such as the National Weather Service.
• Park information, including hours, fees, alerts and closures, may be out of date. Confirm with the official park website before you visit. DriftKin is not affiliated with, endorsed by or sponsored by the National Park Service, or by any park, business or destination shown in the Service.
• Coverage. Weather forecasts, national parks and state stamps cover the United States only. Routes and place search depend on Google Maps coverage.

06Drifty, the AI assistant

Drifty is an artificial intelligence system. It is not a person, a travel agent or a professional adviser. Its responses are generated automatically and may be inaccurate, incomplete, out of date or made up. That includes place names, addresses, opening hours, prices, road conditions, and whether a place exists at all. Places may be labelled as unconfirmed, but a place not being labelled that way does not mean the information about it is correct.

• Check anything that matters before you rely on it, especially before you drive somewhere.
• Drifty does not give legal, medical, financial, safety or emergency advice. In an emergency, call 911 or your local emergency number.
• Don’t send Drifty confidential or sensitive information. What you send is processed by Google, as explained in the Privacy Policy.
• You are responsible for how you use Drifty’s output. We don’t claim ownership of it, but similar output may be generated for other people.
• Drifty has usage limits, and we may change, limit or withdraw it at any time.

07Free and Pro plans

DriftKin has a free plan and a paid plan called Pro. The free plan has limits. Currently, on the free plan you can organise one trip (finished trips count, and you can’t delete a trip you organise), with one day and up to five stops between its start and finish, one checklist and three documents per trip, a choice of five trip-card photos, and five Drifty replies an hour. Pro removes the trip, day, stop and checklist limits, opens every trip-card photo, allows up to twenty documents per trip, and gives you thirty Drifty replies an hour. Joining a trip someone else shares with you is free and doesn’t count towards your limit. The current limits and Pro features are shown in the app on the Membership screen, and that is what applies to you. We may change them at any time.

Editing trips on the free plan

• Shared trips. Only the trip’s organiser and members who are on Pro can edit a shared trip. If you are on the free plan and join someone else’s trip, you can open and view it but not edit it.
• When Pro ends. If your account moves from Pro to Free (you cancel, a payment fails, a trial or a beta ends, or a grant expires), trips you made while you had Pro are currently kept so you can open and view them, but they may use Pro features, so they become view-only until you subscribe again. You can create one new trip on the free plan, and you can edit it within the free limits.
• Trips that use Pro features. A trip that already holds more than the free plan allows (for example extra days or stops added by a Pro member) is view-only for anyone on the free plan, including its organiser, until they subscribe.

You can subscribe to Pro on the Membership screen in the app (Profile, then Membership). Pro is sold through Stripe’s Managed Payments service on a secure Stripe page that opens from the app. Stripe is the merchant of record: it sells and bills Pro to you on our behalf, sends your receipts, and handles payment support, and its own terms apply to the payment. Your card statement will show LINK.COM* followed by DriftKin. Your full card number is handled by Stripe, not by us. Pro is currently priced in US dollars and offered in the United States, as $4.99 a month or $22.99 every 6 months.

Subscriptions, free trials and cancelling

• Before you pay, the Membership screen and the checkout page show the price, the billing period, whether there is a free trial, and that the plan renews automatically. You won’t be charged unless you complete checkout.
• Free trial. New accounts get a limited-time offer of a free trial, currently 7 days, if they claim it within 48 hours of creating the account. It is available once per person, not once per account: we keep a one-way hash of the email address used, even after an account is deleted, to enforce this. You must give a payment method to start it. If you don’t cancel before the trial ends, the trial turns into a paid subscription and your payment method is charged the plan price shown at checkout. If you cancel before the trial ends, you are not charged. The Membership screen shows the date your trial ends. After the 48 hours, or once you have used a trial, subscribing starts a paid plan straight away, with no trial.
• Subscriptions renew automatically at the end of each billing period, at the price shown when you subscribed (or the new price, if we have told you about a change as described below), until you cancel. You can cancel at any time in the app under Profile, then Membership, then Cancel subscription, which opens Stripe’s secure billing page. You can also email us. Cancelling stops future renewals, and you keep Pro until the end of the period you have paid for (or, during a trial, until the trial ends). If a payment fails, Stripe may retry it for a short time, and you can update your payment method from the same screen; if it still can’t be collected, your Pro access ends.
• If you delete your account, we cancel any subscription immediately. We don’t refund the unused part of a period you have already paid for, except as the Refund Policy or the law requires.
• If we change the price of a subscription, the new price applies from a renewal after we tell you, and you can cancel before it applies.
• “Lifetime” means for as long as DriftKin offers the Pro service. It does not mean the lifetime of the purchaser.
• Prices are shown before tax. Stripe, as merchant of record, adds and remits sales tax, VAT or GST where required, and shows the amount at checkout before you pay.
• Refunds are covered by the Refund Policy.

Promo codes and trials

Promo codes and trials have no cash value, can’t be sold or transferred, and are limited to one free trial per person. We may set other conditions when we offer them and may cancel codes obtained by fraud or error.

08Your content

“Your content” means what you put into the Service: trips, notes, checklists, attachments, messages, support tickets, reviews and anything you send Drifty. You own your content.

You give us a worldwide, non-exclusive, royalty-free licence to host, store, copy, process, transmit and display your content only as needed to run, secure and improve the Service. That includes showing it to people you share it with and sending it to the service providers listed in the Privacy Policy. This licence ends when you delete the content or your account, except for copies in backups for a limited time, and content you shared that other people have already copied or kept on a shared trip.

You promise that you have the rights to the content you upload, and that it doesn’t break the law or anyone else’s rights, including their copyright and privacy.

Shared trips

Anyone with a trip’s invite link or code can join the trip and see it. They can edit it if they are the organiser or on Pro (see “Editing trips on the free plan” above). You are responsible for who you share it with. If you leave or delete your account, a trip you shared stays with the other members.

Feedback and reviews

If you send us ideas, suggestions or feedback, we may use them without owing you anything. Reviews you submit on the website are sent privately to us.

09Acceptable use

When you use the Service, you must not:

• break any law, or help anyone else to;
• upload content that is unlawful, infringing, harassing, hateful, sexually explicit, violent or threatening, or that invades someone’s privacy;
• use the Service to stalk, track or monitor anyone without their consent;
• impersonate anyone, or misrepresent your connection with anyone;
• try to access accounts, trips or data that aren’t yours, or probe, scan or test the Service’s security without our written permission;
• interfere with or overload the Service, or get around usage limits, paywalls or security measures;
• scrape, crawl or bulk-download from the Service, or access it by automated means other than through our apps;
• copy, cache or extract Google Maps content from the Service, or use it outside the Service;
• reverse engineer, decompile or disassemble the Service, except where the law expressly allows it;
• use Drifty to produce content that is illegal, deceptive or harmful, to try to extract its instructions or underlying model, or to develop models that compete with Google’s Gemini or with DriftKin;
• resell, sublicense or commercially exploit the Service without our written permission.

We may remove content or restrict features to enforce this section. You can report abuse, including content on a shared trip, to support@driftkin.app.

10Third-party services

The Service relies on, and links to, services run by other companies. We don’t control them and aren’t responsible for them. When you use them, their own terms and privacy policies apply.

• Google Maps. DriftKin uses Google Maps features and content. By using them, you agree to be bound by the Google Maps/Google Earth Additional Terms of Service and the Google Privacy Policy.
• Routes on suggested trips. Distances, drive times and route lines on DriftKin’s suggested road trips use data © OpenStreetMap contributors, available under the Open Database Licence (ODbL).
• Weather forecasts for US locations come from the U.S. National Weather Service. DriftKin is not affiliated with or endorsed by NOAA or the National Weather Service.
• Park information comes from the U.S. National Park Service. Photos and media from the National Park Service may carry their own credits and licences.
• Navigation handoff to Apple Maps, Google Maps, Waze and other apps is governed by those apps’ terms.

11Apple and Google app stores

DriftKin Pro is not bought through the App Store or Google Play. It is sold by Stripe on our behalf on a secure page that opens from the app (see section 7), so Apple and Google are not parties to your subscription and can’t cancel it or refund it.

If you got the app from Apple’s App Store, the following also applies:

• These Terms are between you and us, not Apple. We, not Apple, are solely responsible for the app and its content.
• Your licence to use the app is limited to Apple-branded devices you own or control, as permitted by the Usage Rules in Apple’s Media Services Terms and Conditions. Apps are also covered by Apple’s Licensed Application End User License Agreement. Where it conflicts with these Terms, these Terms apply to the extent the law and Apple allow.
• Apple has no obligation to provide maintenance or support for the app.
• If the app fails to conform to an 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 for the app.
• We, not Apple, are responsible for addressing claims relating to the app, including product liability claims, claims that it fails to meet legal or regulatory requirements, consumer protection or privacy claims, and claims that it infringes someone’s intellectual property rights.
• You confirm that you are not 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.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

If you got the app from Google Play, Google Play’s terms also apply to your download and purchases. Google is not responsible for the app.

12Beta testing

If you join the DriftKin beta, including through Apple TestFlight:

• Beta versions are unfinished. Expect bugs, missing features and changes.
• Beta data, including trips, may be reset or lost. Keep your own copy of anything important.
• During the beta, Pro features may be turned on for every account at no charge. When that ends, your account returns to the free plan, and your existing trips stay available to view but become view-only, as described in section 7.
• We may end the beta, or your place in it, at any time.
• We may use the feedback you give us, as described in section 8.
• Apple’s TestFlight terms also apply, and Apple handles the name and email you give us for your invitation under its own privacy policy.

13Our intellectual property

Apart from your content and third-party material, the Service belongs to us or our licensors. That includes the software, design, text, graphics, the DriftKin name and logo, and Drifty’s name and character. We give you a personal, non-exclusive, non-transferable, revocable licence to use the Service for your own non-commercial use, in line with these Terms. You may not use our name or logo without our written permission. All other trademarks belong to their owners, and showing them does not mean they endorse DriftKin.

14Copyright complaints

We respect intellectual property rights. If you believe something in the Service infringes your copyright, send a notice to support@driftkin.app with the subject line “Copyright notice”. Include:

1. your physical or electronic signature;
2. a description of the copyrighted work you say is infringed;
3. where the material is in the Service, in enough detail for us to find it;
4. your name, address, telephone number and email address;
5. a statement that you believe in good faith that the use isn’t authorised by the owner, its agent or the law; and
6. a statement, under penalty of perjury, that the information in your notice is accurate and that you are the owner or authorised to act for the owner.

If your content was removed and you believe that was a mistake, you can send us a counter-notice. We will end the accounts of repeat infringers where appropriate.

15Suspension and termination

You can stop using the Service and delete your account at any time.

We may suspend or end your access if you seriously or repeatedly break these Terms, if we must do so to comply with the law, or if your use creates risk or harm for us, other users or third parties. Where it is reasonable, we may tell you why first and give you a chance to fix the problem. If we end a paid plan through no fault of yours, we may refund the unused part of what you paid.

We may also change, suspend or discontinue the Service or any part of it. If we shut DriftKin down, we may do so with or without notice, so keep your own copy of anything important.

Sections 8 (as it applies to feedback), 13, 14 and 16 to 22 survive termination, along with any payment you owe.

16Disclaimers

To the extent permitted by law, the Service 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, title, non-infringement and accuracy. We don’t warrant that the Service will be uninterrupted, error-free, secure or available at any particular time or place; that routes, estimates, forecasts, park information or Drifty’s responses will be accurate, complete or current; or that defects will be corrected.

Some places don’t allow certain warranties to be excluded, so some of these exclusions may not apply to you.

17Limitation of liability

To the extent permitted by law, DriftKin and Rahul Ankola will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, data, goodwill or use, arising out of or relating to the Service or these Terms, even if advised of the possibility. That includes losses from relying on routes, estimates, forecasts, park information or Drifty’s responses, and missed reservations, tolls, fines, travel costs or delays.

To the extent permitted by law, our total liability for all claims arising out of or relating to the Service or these Terms is limited to the greater of (a) the amount you paid us for the Service in the 12 months before the event giving rise to the claim, and (b) US $50.

Nothing in these Terms limits or excludes liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, for gross negligence or wilful misconduct, or for anything else that the law does not allow to be limited or excluded.

18Your responsibility for claims

To the extent permitted by law, you agree to defend, indemnify and hold harmless DriftKin and Rahul Ankola from third-party claims, and related losses, liabilities and reasonable legal fees, arising from your content, your breach of these Terms, or your violation of any law or of anyone else’s rights. This doesn’t apply to the extent a claim is caused by our own breach, negligence or misconduct.

19Disputes and governing law

Talk to us first. Most problems can be fixed quickly. Before starting any formal claim, email support@driftkin.app with a description of the problem and what you want us to do. We’ll both try in good faith to resolve it informally first.

Governing law. These Terms are governed by the laws of the Commonwealth of Pennsylvania and applicable U.S. federal law, without regard to conflict-of-law rules.

Where claims are heard. Any claim that isn’t resolved informally will be heard exclusively in the state or federal courts located in Pennsylvania, and you and we consent to their jurisdiction. Either of us may instead bring an individual claim in a small-claims court that has jurisdiction.

You and we agree that any claim must be brought within one year after it arises, to the extent the law allows a limit this short.

20Changes to these Terms

We may update these Terms as the Service changes or the law requires. We’ll change the effective date above when we do. We may also tell you about a change, for example by email or in the app, and may ask you to accept it, but we are not required to. Changes don’t apply to disputes that arose before they took effect. If you keep using the Service after changes take effect, you accept them. If you don’t agree, stop using the Service and delete your account. If you have a paid subscription, you may cancel it first.

21General

• These Terms, together with the policies they link to, are the entire agreement between you and us about the Service and replace any earlier agreement.
• If any part of these Terms is found unenforceable, the rest stays in effect, and that part is enforced as far as the law allows.
• If we don’t enforce a right straight away, we haven’t waived it.
• You may not transfer your rights under these Terms without our consent. We may transfer ours to someone who takes over DriftKin, if it doesn’t reduce your rights. We’ll let you know if we do.
• We aren’t responsible for delays or failures caused by events beyond our reasonable control.
• We may send notices to the email address on your account or in the app. You can send notices to us at support@driftkin.app.
• These Terms are written in English. Any translation is for convenience, and the English version controls where the law allows.
• Section headings are for convenience only and don’t affect meaning.
• Nothing in these Terms creates a partnership, employment or agency relationship between you and us.

22Contact

DriftKin is operated by Rahul Ankola, Pennsylvania, United States. Email support@driftkin.app, or use the contact form.