These Terms set out the rules for using DriftKin, what you can expect from us, and what we expect from you. Please read them. They include important information about safe driving (section 4), the limits of the information DriftKin provides (sections 5 and 6), the disclaimers and limits on our liability (sections 16 and 17), and how disputes are handled (section 19).
The 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.
Who 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.
Your 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.
Drive safely
DriftKin is a trip-planning tool. It is not a real-time navigation system. Never use DriftKin while you are driving. Plan before you go, or let a passenger use it. Always obey traffic laws, road signs, signals and the instructions of officials. They override any route, time, stop or suggestion shown in DriftKin.
Routes may include roads that are closed, under construction, seasonal, unpaved, restricted, unsuitable for your vehicle, or unsafe in current conditions. You alone are responsible for deciding whether a route is legal, safe and suitable for you, your passengers and your vehicle, and for operating your vehicle safely. When you hand a route off to Apple Maps, Google Maps, Waze or another app, that app’s own terms and directions apply.
Information is approximate
DriftKin combines data from third parties, including Google Maps Platform, Open-Meteo 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.
- 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.
Drifty, 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 Drifty cannot confirm are labelled, but a place being labelled as confirmed does not guarantee 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.
Free and Pro plans
DriftKin has a free plan and a paid plan called Pro. The free plan has limits, such as the number of trips, days per trip and stops. Some features, including Drifty, are Pro only. The current limits and Pro features are shown in the app on the Membership screen, and that is what applies to you.
Payments are not live yet. Today, Pro is available only through free trials, promo codes or grants from us. A free trial ends on its own at the end of the trial period. It does not turn into a paid plan and you are never charged for it.
When paid plans launch
- Before you buy, we will clearly show the price, the billing period, whether the plan renews automatically, and how to cancel. You won’t be charged unless you expressly agree to that.
- Subscriptions renew automatically at the end of each billing period at the then-current price until you cancel. You can cancel at any time. Cancelling stops future renewals, and you keep Pro until the end of the period you have paid for. Purchases made through Apple or Google are managed and cancelled in your App Store or Google Play account settings.
- If we raise the price of a subscription, we will tell you in advance and before your next renewal, and you can cancel before the new price applies.
- “Lifetime” means for as long as DriftKin offers the Pro service. It does not mean the lifetime of the purchaser. If we stop offering Pro, we will give you at least 30 days’ notice.
- Prices include or exclude taxes as stated at checkout. You are responsible for any taxes we’re not required to collect.
- 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 may be limited to one per person. We may set other conditions when we offer them and may cancel codes obtained by fraud or error.
Your 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 and edit it. 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. We won’t publish your review, or quote you, without asking you first. We don’t pay for reviews, and we don’t only keep the positive ones.
Acceptable 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.
Third-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.
- Weather data is provided by Open-Meteo.com under the Creative Commons Attribution 4.0 licence.
- 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.
Apple and Google app stores
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.
Beta 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.
- 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.
Our 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.
Copyright 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:
- your physical or electronic signature;
- a description of the copyrighted work you say is infringed;
- where the material is in the Service, in enough detail for us to find it;
- your name, address, telephone number and email address;
- a statement that you believe in good faith that the use isn’t authorised by the owner, its agent or the law; and
- 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.
Suspension 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 will 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 will refund the unused part of what you paid.
We may also change, suspend or discontinue the Service or any part of it. If we are shutting DriftKin down, we will give you at least 30 days’ notice where we can, so you have time to save your trip information.
Sections 8 (as it applies to feedback), 13, 14 and 16 to 22 survive termination, along with any payment you owe.
Disclaimers
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.
Limitation 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.
Your 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. We will tell you promptly about any claim and let you take part in the defence.
Disputes 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 within 30 days.
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.
Changes 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. For material changes, we will give you at least 30 days’ notice by email or in the app before they take effect, unless the change is required sooner by law or to address a security or safety risk. 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.
General
- 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.
Contact
DriftKin is operated by Rahul Ankola, Pennsylvania, United States. Email support@driftkin.app, or use the contact form.