Terms of Use

Preamble

Navi Technologies, Inc. operates a safety-focused platform offering real-time alerts, hazard reporting, and routing recommendations. Users accessing the website (www.navi.app), mobile app, or related services agree to these governing terms by using the platform.

Key Notice: These terms require individual arbitration rather than class actions or jury trials.

1. Basic Terms and Risk Assumption

A. Risks and User Conduct

Users acknowledge that "USING THE SERVICES AND/OR CAPTURING CONTENT FOR THE SERVICES MAY BE RISKY." Users must be at least 18 years old, of sound mind, and capable of entering binding contracts. The platform restricts access to those previously suspended or banned and those prohibited by applicable law.

Users assume all risks associated with their activities and content creation. The terms specify that "YOU ARE SOLELY RESPONSIBLE" for injuries or damages, and Navi bears no liability.

Users must not engage in criminal, hazardous, illegal, or unsafe activities while using the service.

B. Right to Change Services or Terms

Navi reserves rights to modify, discontinue, or limit services at any time without notice. The company may suspend or terminate user access at its sole discretion with no liability to users.

Terms may be updated by posting notices on the website or app. Continued use after updates constitutes acceptance of changes. Users disagreeing with modifications should stop using the service.

C. Service Features and Navi Advertisements

Users should enable location access, push notifications, and camera permissions for full functionality. The app requires compatible devices and operating systems. Users pay their own internet and mobile service costs.

The service displays advertisements potentially based on location, usage, content, or publicly available information. Users consent to these advertisements in exchange for service access.

D. Communications

Users consent to receiving one-time text messages with short codes upon signup. Those experiencing issues should reply "STOP" or contact [email protected].

Unless express consent is required by jurisdiction, users accept communications via email, text, calls, in-app messages, and push notifications. These may include operational updates, marketing materials, and news. Standard messaging rates apply.

Navi sends service-related announcements users typically cannot opt out of while maintaining service access.

E. Privacy

The Privacy Notice is incorporated into these terms. Users agree to Navi's collection, use, and potential international transfer of personal information for processing and storage purposes.

2. Service Access

Users are responsible for protecting mobile phone numbers, usernames, and login credentials. Navi bears no responsibility for losses from unauthorized account access resulting from user negligence in protecting device and login information.

3. Content on the Services

Content creators bear exclusive responsibility for their submissions. While Navi may monitor content, it assumes "no responsibility for it." Users rely on content "at the user's own risk."

Navi does not endorse or guarantee content's completeness, truthfulness, accuracy, or reliability. Users may encounter offensive, harmful, inaccurate, or misleading material. Each user must evaluate all associated risks independently.

Navi disclaims liability for any content, including errors, omissions, or losses from content use or access.

4. Content Rights

By submitting content, users grant Navi "a worldwide, unlimited, non-exclusive, perpetual, unconditional, irrevocable" license to use, reproduce, modify, publish, and distribute content across all media formats.

Users retain other rights to content, provided they don't post to competing services or enter conflicting agreements with third parties.

Navi may license, reproduce, and exploit submitted content for any purpose without compensation to users unless expressly agreed in writing. The company may modify content as necessary for transmission across various networks and devices while using "reasonable efforts" not to alter meaning or context.

Users represent they possess all rights and authority to grant Navi these licenses and that content doesn't infringe third-party intellectual property, publicity, or privacy rights.

5. Content Restrictions and Service Use

Navi reserves rights to remove content or suspend accounts without notice or liability. Prohibited content includes material that impersonates others, violates third-party rights, promotes discrimination or hatred, is defamatory or pornographic, or constitutes harassment or spam.

Navi may access, alter, preserve, and disclose content to satisfy legal requirements, enforce terms, address fraud or security issues, respond to support requests, or protect rights and safety of users and the public.

Strictly prohibited activities include:

• Accessing non-public system areas or tampering with Navi's infrastructure
• Probing system vulnerabilities or circumventing security measures
• Scraping or automated access to services without authorization
• Forging packet headers or sending false source information
• Interfering with user access through denial-of-service attacks or spamming
• Framing, mirroring, or unauthorized display of services without consent
• Circumventing technological protective measures
• Using automated tools or bots to access content
• Sending unsolicited advertising or spam
• Using hidden metadata with Navi trademarks without permission
• Using others' content for editorial or commercial purposes
• Reverse engineering software
• Collecting user personal information without permission
• Violating applicable laws or encouraging others to do so

Violations may result in account termination and civil or criminal liability.

6. Services Use

Navi grants personal, non-transferable rights to access and use services for app access and content submission per these terms. Premium subscribers receive additional features and functionality.

Apple App Store users may use the app only on iOS devices per App Store terms. Google Play Store users may have additional family group usage rights.

7. Services Ownership

Navi retains exclusive property rights to services, protected by copyright and trademark law. All rights not expressly granted are reserved by Navi.

User feedback is voluntary, and "Navi shall have the full, unencumbered right" to use feedback for any purpose without notice or compensation.

8. Suspension or Termination

Terms remain effective until terminated by either party. Upon Navi suspension, users receive "no liability or responsibility" acknowledgment, and Navi provides no refunds to the fullest extent permitted by law.

A. User Termination Policy

Users may terminate at any time by deactivating accounts through app settings or contacting [email protected].

Premium service termination occurs through support contact or app store subscription management. Failure to cancel subscriptions results in continued charges at each renewal period.

B. Navi Termination Policy

Navi may suspend or terminate accounts for violations, legal compliance, security risks, or commercial non-viability. The company makes reasonable notification efforts via associated email addresses.

Navi may immediately suspend services for failed payment collection, material term breaches, or legal requirements. All terminations are at Navi's sole discretion with no liability to users or third parties.

C. Survival

Sections 1, 3, 4, 6, 8(C), 9, 10, 11, 12, 14, and 16 survive account termination.

10. Additional Service Terms

Services may connect users with 911 dispatch, other users, and service providers for emergency assistance requests. Multiple features assist users, though none are infallible.

A. Reliance on External Information

Navi utilizes user information, mobile device data, and publicly available information to respond to emergencies. The platform attempts to identify safer locations, though safety cannot be guaranteed and locations may be unavailable.

"Neither Navi, nor any Navi user is liable for any action, omission, or failure to act" in response to notifications. Services are not emergency services and shouldn't be treated as such.

B. Angel Alert Feature

Angel Alert automatically connects mobile devices with contacts and nearby users. Navi doesn't directly contact emergency services but may send communications prompting authority connections.

Activation is required for Angel Alert benefits. Navi bears no responsibility if no one is available to assist. The platform isn't responsible for nearby user conduct.

Users should exercise judgment when requesting assistance and treat situations like calling strangers for help. Responders aren't Navi employees but fellow users. Users should preferably await emergency responders before accepting nearby user assistance.

Responses carry risks: Authorities may not view responses as helpful, and physical intervention could endanger others. "DO NOT PUT YOURSELF OR ANOTHER USER IN DANGER WHEN RESPONDING." Users must comply with all applicable laws and official directives.

Performance of Angel Alert features and responder arrival cannot be guaranteed.

11. Warranties, Disclaimers, and Limitations of Liability

This section restricts Navi Entities' liability (including parent companies, subsidiaries, affiliates, officers, directors, employees, agents, and licensors) to the fullest extent permitted by applicable law.

A. As-Is Services

Users access services "AT YOUR OWN RISK." The platform is provided "AS IS" and "AS AVAILABLE" with disclaimers of all warranties and conditions, whether express or implied, including merchantability, fitness for particular purposes, and non-infringement.

Navi disclaims responsibility for content completeness, accuracy, availability, timeliness, security, or reliability; computer system harm or data loss; deletion or transmission failures; or claims that services don't meet requirements or operate without interruption.

Beta features and experimental tools are provided without warranties and may be discontinued anytime.

B. User Responsibility

Users are "FREE TO TAKE ANY ROUTE TO YOUR DESTINATION" and Navi bears no liability for public content or third-party actions.

Users acknowledge Navi isn't required to respond to incidents and bears no responsibility for other users' responses to public incidents.

Users recognize Navi functions as a hazard communication platform and isn't liable for other user content or actions.

Information from the app about response conditions or nearby requests often involves dangerous situations (medical or law enforcement emergencies) that can cause property damage, bodily harm, or death. Users expressly accept all associated risks.

C. Limitation of Liability

Navi Entities aren't liable for indirect, incidental, special, consequential, or punitive damages; lost profits or revenues; or data, use, goodwill, or intangible losses from service access, inability to access, third-party conduct, content, or unauthorized transmissions.

Navi isn't liable for death, bodily harm, or property damage from service use or reliance.

Aggregate liability caps at $100 USD under any circumstances. For Premium subscribers, liability caps at amounts paid for services in the six months preceding the claim (if greater).

These limitations apply across all liability theories including warranty, contract, statute, tort, and negligence, regardless of whether Navi was informed of potential damages.

D. Connectivity & Locational Limitations

Service interruptions from phone lines, internet providers, mobile carriers, or communication systems beyond Navi's control mean Premium Services connections cannot be guaranteed. Navi bears no liability for out-of-service situations or provider failures.

Navi isn't responsible if emergency responders cannot locate users due to disabled GPS/location services, transmission failures, or GPS inaccuracy.

11. Indemnity

Users indemnify, defend, and hold Navi Entities harmless from third-party claims arising from user access, use, or reliance on content or services; conduct with other users; user content; or term violations.

12. Release

"TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE THE NAVI ENTITIES FROM ANY AND ALL LIABILITY" for loss, damage, injury, disease, or death experienced while using or capturing content for services.

This release extends to relatives, spouses, heirs, next of kin, executors, administrators, beneficiaries, and interested parties.

Users waive and relinquish rights and benefits from statutory or non-statutory laws limiting release scope, including California Civil Code Section 1542 and similar provisions in Missouri, Delaware, Georgia, Louisiana, Montana, Oklahoma, Wisconsin, and Pennsylvania.

These releases are "intended to be as broad and inclusive as is permitted by law" and serve as complete releases for all service use.

13. Infringement and DMCA Notice

Navi respects intellectual property and expects users to do the same. Copyright infringement notifications should be sent to:

Required notification elements include:

• Physical or electronic signature of authorized copyright owner representative
• Description of allegedly infringed copyrighted works
• Allegedly infringing content identification and location information
• Notifier contact details (address, phone, email)
• Good faith belief statement that use is unauthorized
• Penalty of perjury statement confirming notification accuracy and authorization

Navi may remove alleged infringing content and terminate accounts of intellectual property rights infringers at its sole discretion without notice.

14. Governing Law and Dispute Resolution

A. Dispute Resolution

California law governs these terms and the Navi-user relationship, without applying choice-of-law principles favoring different jurisdictions. Canadian residents' consumer protection and data privacy laws may supersede conflicting terms.

All Navi-user disputes must be resolved through binding confidential arbitration except for Navi's patent, copyright, trademark, or trade secret infringement claims.

B. Arbitration

Both parties waive rights to jury trials or class action participation. All claims proceed individually, not as class actions or representative proceedings.

Disputes arising from content, services, or these terms are exclusively resolved through binding confidential arbitration before one American Arbitration Association commercial arbitrator with substantial contract dispute experience.

Arbitration follows the Federal Arbitration Act and AAA commercial dispute rules, potentially including consumer-dispute procedures if applicable.

Users' rights are "determined by a neutral arbitrator" rather than judges or juries. Arbitration procedures are simpler and more limited than court rules, with decisions as enforceable as court orders but subject to limited review.

Both parties must pursue individual claims; arbitrators cannot consolidate claims, preside over class actions, or award class-wide relief. If arbitration costs are prohibitive, Navi covers necessary fees to prevent exceeding litigation expenses and retains discretion to assume all arbitration costs.

Arbitrators must respect legal privileges and privacy; awards are final and enforceable in court. They can award any permissible individual relief. Each party covers their own legal fees unless statutes dictate otherwise.

If Navi terminates this arbitration section, termination doesn't become effective until 30 days after posting updated terms and doesn't apply to claims previously notified in writing.

AAA Contact: 800-778-7879 or www.adr.org

15. App Marketplaces

For Apple App Store or Google Play Store downloads, users must access wireless networks and pay associated fees plus any app marketplace charges.

Users agree to comply with applicable app marketplace terms of service. App Store/Google Play Store and subsidiaries are third-party beneficiaries with enforcement rights.

These terms exist exclusively between users and Navi, not app marketplaces. Navi bears sole responsibility for app content.

App marketplaces have no maintenance or support obligations. Warranty claims for non-conforming apps require app marketplace notification for purchase refunds. Other warranty claims remain Navi's responsibility.

App marketplaces aren't responsible for claims regarding app functionality, product liability, legal non-conformity, or consumer protection. Third-party intellectual property infringement claims are Navi's responsibility.

App marketplaces and subsidiaries are third-party beneficiaries with enforcement rights concerning app license terms.

Users must comply with applicable third-party terms when using the app.

16. Other General Terms

Navi's failure to enforce terms doesn't waive those rights or provisions. Invalid or unenforceable provisions are limited or eliminated minimally, preserving remaining provisions.

Remedy exercise doesn't prejudice other available remedies. Users cannot assign or transfer these terms without written Navi consent; attempted assignments are void. Navi can freely assign or transfer terms.

Terms bind parties, successors, and permitted assigns.

Navi provides notices regarding term modifications via email or service posting. Email notice receipt dates are transmission dates. Continued service use constitutes acceptance of Navi notices.

These terms and the Privacy Notice constitute the entire exclusive agreement regarding services, superseding prior agreements except those explicitly supplementing or replacing these terms.