BadDrivr Terms of Service

⚠️ DRAFT — LAWYER REVIEW REQUIRED BEFORE PUBLICATION

This document is a first draft. It is not legal advice and must not be treated as the final Terms of Service. A licensed attorney specializing in U.S. internet/UGC law is reviewing and revising it. All placeholders marked [LEGAL ENTITY NAME], [BUSINESS ADDRESS], [GOVERNING STATE], [ARBITRATION ADMINISTRATOR], and [DMCA AGENT] will be resolved during that review.

Known open questions for counsel are flagged inline with ⚠️ Counsel: callouts. Particularly load-bearing sections are: 5 (Acceptable Use), 6 (Plate Data), 9 (Disclaimers), 10 (Indemnification), 11 (Dispute Resolution), and 13 (Section 230 framing).

Effective date: [to be set at publication] Last updated: 2026-04-21

1. Acceptance of these terms

These Terms of Service ("Terms") form a binding agreement between you and [LEGAL ENTITY NAME] ("BadDrivr", "we", "our") governing your use of the BadDrivr iOS application and related services (together, the "Service"). By creating an account or using the Service in any way, you agree to these Terms and to our Privacy Policy and our Community Guidelines. If you do not agree, do not use the Service.

These Terms include a mandatory binding arbitration clause and class-action waiver in Section 11. Please read them carefully.

2. Eligibility

You must be at least 18 years old and have the legal capacity to enter into a binding agreement to use the Service. We set this age threshold — higher than the generic 13-year minimum under COPPA — because the Service involves publicly reporting third parties for alleged driving violations, and the legal exposure and judgment calls involved are not appropriate for minors.

You may have only one account. Accounts are not transferable. You may not use the Service if we have previously terminated your account, unless we give you written permission to return.

3. Your account

You are responsible for:

Keeping your login credentials confidential
All activity that occurs through your account
Providing accurate information during sign-up and keeping it current
Notifying us immediately at moderation@baddrivr.com if you suspect your account has been compromised

We may suspend or terminate your account under Section 14 for violations of these Terms.

4. User content: ownership and license

4.1 You retain ownership

You retain all ownership rights in the videos, photos, voiceovers, captions, comments, and other content you submit to the Service (your "Content"). Creating a BadDrivr account does not transfer ownership of your Content to us.

4.2 License you grant us

To operate the Service, you grant BadDrivr a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to host, store, reproduce, modify (for formatting, compression, thumbnailing, and translation), publicly display, publicly perform, distribute, and create derivative works from your Content, solely in connection with the Service and reasonable promotion of it.

This license lasts while your Content is on the Service. It survives deletion of your account or removal of specific Content only insofar as:

Other users have already reposted, saved, or shared your Content on or off the Service, and
We need to retain Content briefly in routine backups before they cycle out.

We do not claim any right to sell your Content to third parties or to use it for purposes other than operating and promoting the Service.

4.3 Your representations about your Content

When you submit Content, you represent and warrant that:

You created it, or you have all necessary rights to grant us the license above
Your Content (including any audio captured) was recorded in compliance with applicable recording-consent and wiretapping laws in your jurisdiction
Your Content does not infringe any third party's intellectual property, privacy, or publicity rights — except as inherent to the Service's publicly-disclosed purpose of reporting vehicles and driving behavior (see Section 6)
Your Content complies with our Community Guidelines and Section 5 below

4.4 Voiceover is permanent

BadDrivr's voiceover recording feature bakes your audio permanently into the compressed video file. Once uploaded, the voiceover cannot be separated from the video, edited, or removed on its own — only the whole report can be deleted (subject to the grace-window rules). You represent that any audio you record or that ambient audio captured by your dashcam complies with applicable recording laws.

5. Acceptable use policy

5.1 General prohibitions

You agree that you will not:

Submit false, fabricated, or intentionally misleading reports
Enter a license plate number you know to be incorrect, or deliberately target a person by misidentifying their vehicle
Use the Service to stalk, harass, threaten, intimidate, or defame any individual
Submit reports whose primary purpose is harassment rather than documentation of a driving incident
Use the Service's data (plate histories, location pins, timestamps, dossiers) to track, follow, or learn the habits, address, or routine of any individual
Coordinate with other users to mass-report a specific vehicle, plate, or person
Upload content that identifies private individuals beyond what is visibly on the reported vehicle — e.g., close-ups of faces, names, addresses, workplaces, phone numbers, or social media handles
Upload content unrelated to driving incidents
Upload content containing violence, sexual content, or content involving minors
Manipulate the Hawks economy through fake accounts, automated tools, bots, or coordinated schemes
Circumvent or attempt to circumvent rate limits, abuse-detection systems, blocks, bans, or content-moderation decisions
Claim a license plate on a vehicle you do not own or are not authorized to represent
Impersonate another person, account, plate owner, or BadDrivr representative
Reverse-engineer, scrape, crawl, automate, or otherwise access the Service other than through the official iOS application

5.2 Zero-tolerance violations

The following result in immediate permanent ban and, where applicable, reports to law enforcement:

Child sexual abuse material (CSAM) — every upload is hash-scanned; matches are automatically reported to the NCMEC CyberTipline under 18 U.S.C. § 2258A
Non-consensual intimate imagery (NCII) — we remove valid takedown requests within 48 hours per the TAKE IT DOWN Act
Credible threats of violence against any identifiable person
Content designed to physically locate a specific person — home address, workplace, child's school

5.3 Consequences

Depending on severity and history, violations can result in content removal, Hawks clawbacks, temporary suspension, permanent ban, or referral to law enforcement. We make moderation decisions at our sole discretion. We generally aim to decide within 24 hours.

6. License plate data and third-party privacy

This section addresses the core legal question unique to BadDrivr: how we handle data about third parties (vehicle owners and operators) who did not consent to being on the Service.

6.1 Plate data is user-submitted and unverified

License plates displayed on the Service are entered by users based on what they claim to have seen. We do not verify accuracy. We do not access, query, purchase, or store DMV records. A report is one user's unverified observation, not an established fact, not a traffic citation, not legal evidence, and not a community-validated finding.

Hawks counts, leaderboard ranks, repost counts, and comment activity reflect engagement volume, not accuracy. A report with many Hawks is a popular report, not a verified one.

6.2 Your responsibility when entering plate data

You represent that any plate you enter reflects your honest good-faith observation of the vehicle involved in the incident you are reporting. You understand that:

Entering a plate you know is not the one in the incident is a serious violation of these Terms
Even a good-faith typo can create a permanent public record linking an unrelated vehicle to an alleged violation, and you should verify before submitting
You accept legal responsibility for misidentifying a vehicle through carelessness or malice, and you agree to indemnify BadDrivr under Section 10 for any claim arising from such misidentification

6.3 Driver right of reply (plate claims)

A person who owns or operates a vehicle may claim that plate in the Service to:

View every report associated with that plate
Post a public driver reply on any such report
Respond to accusations they disagree with

Plate claims are user-asserted — we do not independently verify that the claimant owns the vehicle. One active claim per plate; subsequent attempts are blocked. Claiming a plate you do not own violates Section 5 and subjects you to account termination. We may revoke claims we believe to be fraudulent.

A driver whose plate was newly attributed to a report as the result of a community correction (§6.5) is treated identically to a driver whose plate appeared in the original report: they may claim the plate and exercise right of reply under this section.

6.4 Non-user removal requests

A person who is not a BadDrivr user but whose vehicle appears in reports may:

Claim the plate (creating an account) to respond under Section 6.3.
Email moderation@baddrivr.com to request review. We will review reports against our Community Guidelines and remove those that violate our rules. We cannot guarantee removal of reports that comply with our rules and reflect a user's honest observation.
Submit a request under applicable state privacy law; see our Privacy Policy §6.

⚠️ Counsel: this section is high-risk. Please review whether our voluntary-takedown process is sufficient, whether mandatory location fuzzing or a per-report disclaimer banner should be contractual commitments here, and whether state statutes require a more formal deletion workflow.

6.5 Community corrections to published reports

BadDrivr offers a Crowdsourced Corrections feature allowing users to propose and vote on corrections to plate, state, make, model, body-type, and color fields on published reports. Plate corrections always route through a human moderator; cosmetic fields auto-apply on community consensus.

⚠️ Counsel: the Corrections feature is the single most load-bearing new UGC mechanism since the main ToS was drafted. Please review the specific points needing your opinion.

7. Hawks virtual currency

7.1 Nature of Hawks

Hawks are an in-app virtual item used to engage with reports. Hawks have:

No monetary value outside the Service.
No redemption mechanism — they cannot be exchanged for real currency, gift cards, goods, services, or anything of real-world value
No transferability — they cannot be traded, gifted directly, or moved between accounts

Hawks are not a stored-value instrument, deposit, security, gift card, cryptocurrency, token, or money-transmission service.

7.2 Daily Hawks and expiration

Each account receives a daily Hawks allowance that scales with the user's level. Daily Hawks expire at midnight Eastern Time each day and do not roll over. This is part of the core design and does not constitute a taking of property or an unfair term — you understand that the daily allowance is a free gift subject to its use-it-or-lose-it nature.

7.3 Purchased Hawks

You may purchase additional Hawks via Apple In-App Purchase, subject to Apple's App Store Terms. All purchases are final and non-refundable except as required by Apple's refund policy or applicable consumer-protection law.

Purchased Hawks carry no special endorsement, credibility, or authority on the Service.

7.4 Our rights over the economy

We may, at our sole discretion:

Modify the amounts, pricing, mechanics, and availability of Hawks at any time
Adjust individual balances to correct errors
Claw back Hawks given on content that is later removed, or received through abuse or violations
Suspend the economy in response to abuse or technical issues

7.5 Forfeiture

Termination of your account results in forfeiture of all Hawks, including purchased Hawks. This is a condition of the Service being offered as it is.

⚠️ Counsel: please confirm whether any state's gift-card, unclaimed-property, or consumer-protection statute affects the forfeiture or expiration mechanics above.

8. Intellectual property

8.1 The Service

The Service, including its software, UI, design, trademarks, and the BadDrivr name and logo, is owned by us or licensed to us. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service through the official iOS application in accordance with these Terms.

8.2 DMCA

We respect intellectual property rights and respond to valid notices under the Digital Millennium Copyright Act. To submit a DMCA takedown notice, contact our designated agent:

[DMCA AGENT] — [name, email, mailing address]

A valid DMCA notice must include the elements required by 17 U.S.C. § 512(c)(3). We will remove or disable access to material identified in a valid notice. Counter-notices may be submitted following 17 U.S.C. § 512(g). We terminate accounts of repeat infringers.

⚠️ Counsel: DMCA agent must be formally designated and registered with the U.S. Copyright Office before the Service launches.

9. Disclaimers and limitation of liability

9.1 Service provided "as is"

The Service is provided "as is" and "as available" without warranties of any kind, express or implied. We disclaim all warranties, including without limitation implied warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy.

9.2 We do not verify reports

We do not verify, endorse, or confirm the accuracy, legality, or completeness of any user report, plate number, incident classification, comment, driver reply, leaderboard rank, or Hawks count. Reports are unverified user-submitted observations. Hawks counts reflect engagement, not accuracy. Leaderboards reflect volume, not credibility.

Reports are not legal evidence, traffic citations, or official findings of fault. You agree not to represent any BadDrivr content as any of those things to third parties, including insurers, employers, courts, or government agencies.

9.3 Scope of liability limit

To the maximum extent permitted by law, BadDrivr will not be liable for:

False, inaccurate, or misleading user content
Defamation claims arising from another user's content
Harassment, threats, road-rage incidents, or real-world confrontations involving users or the people they report
Emotional distress caused by being the subject of a report
Economic harm to businesses operating reported vehicles
Loss of Hawks, account access, or content
Use of Service data by any party for stalking, tracking, employment decisions, insurance decisions, or legal proceedings
Indirect, incidental, consequential, special, exemplary, or punitive damages

Our total aggregate liability to you for any claim arising out of or relating to the Service is limited to the greater of (a) the total amount you paid us in the twelve months immediately preceding the event giving rise to the claim, or (b) one hundred U.S. dollars (USD $100).

Some jurisdictions do not allow certain warranty disclaimers or limitations of liability. Where that's the case, the above limitations apply only to the maximum extent permitted by that jurisdiction's law.

10. Indemnification

You agree to defend, indemnify, and hold harmless [LEGAL ENTITY NAME], its officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

Your Content, including claims of defamation, privacy violation, or harassment brought by the subjects of your reports
Your misidentification of a vehicle, whether through typo or intent
Your use of the Service
Your violation of these Terms, our Community Guidelines, or applicable law
Your violation of any third party's rights, including intellectual property, privacy, or publicity rights

This indemnification obligation survives termination of your account and these Terms. ⚠️ Counsel: this section is load-bearing — please confirm it is enforceable as drafted in our governing jurisdiction and that the scope is appropriate.

11. Dispute resolution, arbitration, class-action waiver

11.1 Informal resolution first

Before filing a formal claim, you agree to first contact us at moderation@baddrivr.com and attempt in good faith to resolve the dispute for 30 days.

11.2 Binding arbitration

If the dispute is not resolved informally, any dispute, claim, or controversy arising out of or relating to these Terms, the Service, or your relationship with BadDrivr will be resolved exclusively through binding individual arbitration administered by [ARBITRATION ADMINISTRATOR — typically AAA or JAMS] under its then-current Consumer Arbitration Rules. The arbitration will take place in [GOVERNING STATE], or remotely at your request. The arbitrator's decision is final and enforceable in any court of competent jurisdiction.

11.3 Class-action waiver

You and BadDrivr each waive the right to participate in a class action, class arbitration, or other representative proceeding. Claims must be brought in an individual capacity. If this class-action waiver is found unenforceable, the remainder of this Section 11 survives but the arbitration requirement is severed for the affected claims.

11.4 Exceptions

You may bring an individual claim in small-claims court if the claim qualifies. Either party may seek injunctive relief in court to protect intellectual property rights.

11.5 Opt-out

You may opt out of Section 11 by emailing moderation@baddrivr.com within 30 days of first accepting these Terms. Your opt-out must include your username and a clear statement that you are opting out of arbitration.

⚠️ Counsel: arbitration clauses in consumer contracts are under heavy scrutiny in 2026 — please confirm wording is enforceable in our governing jurisdiction and covers the scenarios we most care about.

12. Content moderation; appeals

We may, at our sole discretion, remove content, suspend accounts, ban users, change or limit features, cooperate with law enforcement when legally compelled, and modify moderation policies at any time. We are not obligated to pre-review or monitor all content, but we reserve the right to do so.

We operate a flag-based user reporting system, a block system, and an appeals process for decisions we make about your content. The Community Guidelines describe these in detail.

Good-faith moderation actions are not editorial control and do not affect our safe-harbor status under 47 U.S.C. § 230.

13. Section 230 safe harbor

BadDrivr is a platform for user-generated content. Except where expressly stated, we are not the publisher or speaker of user Content. We do not adopt, endorse, or verify it.

47 U.S.C. § 230 generally protects online platforms from liability for user-posted content and for good-faith moderation decisions. Section 230 does not protect against:

Federal criminal law
Intellectual property claims
Certain state privacy statutes
Claims based on a platform's own conduct (as distinct from user conduct)

Our invocation of Section 230 is not a warranty that it applies to every claim you may think of bringing; courts decide the scope case by case.

⚠️ Counsel: post-K.G.M. v. Meta and New Mexico v. Meta (both March 2026), §230 safe harbor is piercable for platforms whose recommendation algorithms are argued to "create" harmful content. Please review whether this section should be more defensive about algorithmic features.

14. Termination

14.1 By you

You may delete your account at any time via Account Settings → Delete Account. Deletion is permanent and irreversible. All your data is hard-deleted (see our Privacy Policy §5). You forfeit all Hawks and access. Content you submitted may persist on the Service or elsewhere if other users have reposted or shared it.

14.2 By us

We may suspend or terminate your account at any time, with or without notice, for violation of these Terms or our Community Guidelines, or if we reasonably believe your conduct creates legal or safety risk for the Service or other users.

14.3 Survival

Sections that by their nature should survive termination — ownership of content licenses already granted, disclaimers, limitations of liability, indemnification, dispute resolution, and these survival terms — survive.

15. Changes to these Terms

We may update these Terms to reflect changes in the Service, the law, or our business. The "Last updated" date tells you when the current version took effect. Material changes will be announced in the app. Continued use after an update means you accept the new Terms. If you don't agree, you can delete your account.

16. Governing law

These Terms are governed by the laws of [GOVERNING STATE], without regard to its conflict-of-law principles. Subject to the arbitration clause in Section 11, any court action is brought in the state or federal courts located in [GOVERNING STATE], and you consent to personal jurisdiction there.

⚠️ Counsel: please advise on the right governing-state choice. Delaware is common but may not make sense given the user is Florida-based.

17. Severability; waiver; entire agreement

If any provision of these Terms is found unenforceable, the remaining provisions remain in full force. Our failure to enforce a provision is not a waiver. These Terms, together with the Privacy Policy and Community Guidelines, are the entire agreement between you and BadDrivr regarding the Service and supersede any prior agreements.

18. Contact

General contact: moderation@baddrivr.com
TAKE IT DOWN Act / NCII takedowns (48-hour SLA): takedown@baddrivr.com
DMCA notices: [DMCA AGENT]
Mailing address: [BUSINESS ADDRESS]