Terms of Use

These Terms of Use ("Terms") form a binding agreement between you and Driftwise LLC ("Driftwise," "we," "us," or "our"). They govern your use of driftwise.co, the Driftwise Portal, the Driftwise Mobile application, any Driftwise map or status widget embedded on a participating organization's website, and any related software, APIs, and services we provide (collectively, the "Services"). By creating an account, accessing, or using the Services, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Services.

1. Who These Terms Apply To

The Services are used by three groups of people, and these Terms apply to all of them:

• Portal users — staff of organizations that have entered into a contract with Driftwise. Portal users access the Services under both these Terms and the order form, subscription agreement, or master services agreement between Driftwise and their organization. If there is a conflict between these Terms and that signed agreement, the signed agreement controls.
• Public mobile users — members of the public who create an account in the Driftwise Mobile application to view participating organizations' maps and to submit reports.
• Public widget viewers — anyone who interacts with a Driftwise map or status widget embedded on a participating organization's website, without creating an account.

2. Eligibility and Accounts

You must be at least 18 years old, or the age of legal majority where you reside, to create a Driftwise account. By using the Services, you represent that you meet these requirements and that, if you are using the Services on behalf of an organization, you have authority to bind that organization to these Terms.

You are responsible for:

• Keeping your account credentials confidential;
• All activity that occurs under your account; and
• Notifying us promptly at legal [at] driftwise [dot] co of any suspected unauthorized access.

We may suspend or terminate accounts that violate these Terms or that we believe pose security or operational risk.

3. The Services

Driftwise provides software for managing and publishing the status of recreation corridors, assets, and related conditions. The Services may evolve over time. We may add, modify, suspend, or discontinue features at our discretion. We will use reasonable efforts to give notice of material changes that affect paid customers.

4. Your Content

"Your Content" means anything you (or your organization) submit through the Services, including asset and corridor records, status updates, photos, notes, location data, public reports, and metadata.

• Ownership. As between you and Driftwise, you (or your organization, where applicable) own Your Content.
• License to Driftwise. You grant Driftwise a worldwide, non-exclusive license to host, copy, transmit, display, and process Your Content solely to provide and improve the Services and to comply with law.
• Public publication. A managing organization may intentionally publish portions of Your Content to public-facing surfaces, including public maps and status widgets that the organization embeds on its own website. If you submit on behalf of an organization, you are responsible for ensuring that any data marked for public publication is appropriate for public release.
• Public reports (public mobile users). When you submit a report, you grant the managing organization a non-exclusive license to use the report — including any photos, descriptions, and location data you attach — to evaluate and respond to the conditions you reported, to send follow-up communications to you, and (at the managing organization's discretion) to incorporate the report content into the public status information it publishes through the Services. The managing organization will not include your account contact information in any public publication. You also grant Driftwise the license described above so we can route the report to the organization. You represent that:
  • The report is submitted in good faith and is, to your knowledge, accurate;
  • You have the rights necessary to submit the photos and other content you include;
  • You will not include personal information about other people, vehicle license plates, or other identifying details that are not necessary to describe the conditions; and
  • You will not use reports to harass, defame, or threaten anyone.
• Managing organization use of public reports. A managing organization that receives a public report through the Services may use the report content to support its operational response and may, at its discretion, incorporate the report content into the public-facing information it publishes through the Services. The managing organization may use the submitter's account contact information only to evaluate and respond to the conditions reported and to communicate with the submitter about the report. Managing organizations may not include the submitter's contact information in any public publication, may not use it for marketing or for other unrelated purposes, may not transfer it to third parties except as needed to respond to the report or as required by law, and must handle it in accordance with applicable privacy law and the Driftwise Privacy Policy.
• Accuracy. You represent that you have the rights necessary to submit Your Content and that doing so does not violate any third party's rights or applicable law.

5. Acceptable Use

You agree not to:

• Use the Services to violate any law or third-party rights;
• Reverse engineer, decompile, or attempt to extract source code, except to the extent that applicable law expressly permits such activity;
• Interfere with, disrupt, or place an unreasonable load on the Services, including by scraping at unreasonable rates, probing for vulnerabilities without authorization, or circumventing access controls;
• Upload malware, code intended to cause harm, or content that is unlawful, harassing, defamatory, or infringing;
• Use the Services to publish public-safety information that you know or have reason to believe is inaccurate or misleading;
• Submit reports that are knowingly false, intended to harass, or that target identifiable individuals; or
• Resell, sublicense, or provide the Services to third parties except as expressly permitted in writing.

We may investigate suspected violations and take action, including content removal, account suspension, or termination.

6. Embedding Widgets on Your Website

This Section applies if your organization embeds a Driftwise map, status feed, or similar component (each, a "Widget") on a website you operate. By deploying a Widget, you accept the responsibilities described in this Section.

• How Widgets collect data. When a visitor to your website loads a page containing a Widget, that visitor's browser sends standard request data to Driftwise and our service providers (including IP address, approximate location, and information about the map content loaded). Driftwise collects aggregate, non-identifying usage signals about Widget interactions as described in our Privacy Policy. We do not associate this data with an identifiable individual, and we do not attempt to re-identify Widget viewers.
• Notice to your visitors. You are responsible for providing notice to visitors of your website that accurately describes the data collection associated with the Widgets, consistent with your obligations under applicable law. Your website's privacy notice must either describe the Widget's data collection or link to the Driftwise Privacy Policy in a manner that satisfies your disclosure obligations.
• Consent where required. Where applicable law requires consent before loading non-essential cookies, storage, or analytics — including, where applicable, under the EU/UK GDPR, the ePrivacy Directive, and similar laws — you are responsible for obtaining and managing that consent on your website before the Widget activates non-essential data collection. If your visitors include residents of jurisdictions with consent or opt-out requirements (for example, the EEA, the United Kingdom, or U.S. states with comprehensive privacy laws), you are responsible for honoring those requirements.
• No deployment to children. You will not embed Widgets on websites or sections of websites directed to children under 13.
• Indemnification for non-compliance. You will defend, indemnify, and hold Driftwise harmless from any claim, regulatory action, fine, or penalty arising from your failure to provide the notice, obtain the consent, or honor the rights described in this Section.
• Removing Widgets. You may stop using Widgets at any time by removing the embed code from your website. Removing the embed code does not, by itself, delete data already collected; data retention is governed by our Privacy Policy.

7. Public-Facing Content Disclaimer

Status, condition, and corridor information displayed through the Services is provided by participating organizations and by public mobile users. Driftwise does not independently verify Your Content and does not guarantee that any particular update or report reflects current real-world conditions. Reports submitted by public mobile users are user-generated content; Driftwise does not pre-screen them, and the appearance of a report in the Services does not indicate endorsement by Driftwise. Recreation activities can be hazardous; users of public-facing information are responsible for assessing conditions and exercising their own judgment.

The Services are not a substitute for emergency services or professional safety guidance. If you observe a hazard or a situation that requires immediate response, contact emergency services (e.g., 911 in the United States); do not rely on submitting a report through the Services.

8. Notice of Inaccurate, Infringing, or Improper Content

If you believe content displayed through the Services — including a public report or content published by a managing organization — is inaccurate, infringes your rights, or otherwise should not appear on the Services, send a written notice to legal [at] driftwise [dot] co that includes:

• the content at issue and where it appears (URL or identifier);
• the basis for your concern (for example, copyright infringement, factual inaccuracy, or harassment); and
• your contact information.

For copyright infringement claims, please include the information required by 17 U.S.C. § 512(c)(3). We will route the notice to the relevant managing organization where appropriate, and we may remove or restrict access to content while a notice is being evaluated.

9. Fees

Paid features of the Services are governed by an order form, subscription agreement, or written quote between Driftwise and your organization. Fees are non-refundable except where required by law or expressly stated in your order form. Free trials and pilot programs may be offered subject to additional terms communicated at the time of signup.

10. Third-Party Services

The Services may interoperate with third-party tools and content (for example, mapping providers, identity providers, and email delivery), and may be embedded on or accessed through third-party websites. Your use of those third-party services and websites is subject to the applicable third party's terms and policies. We are not responsible for third-party services.

11. Confidentiality

Each party will protect the other party's non-public, confidential information using at least the same degree of care it uses for its own information of similar sensitivity, and not less than a reasonable degree of care. This obligation does not apply to information that is independently developed, lawfully obtained from a third party without restriction, or already known without obligation of confidentiality.

12. Termination

You may stop using the Services at any time. We may suspend or terminate your access for material breach of these Terms, non-payment, or where required by law. On termination:

• Your right to access the Services ends;
• We may delete Your Content in accordance with our retention practices, unless your order form states otherwise;
• Sections that by their nature should survive termination will survive (including ownership, disclaimers, limitations of liability, indemnification, and governing law).

13. Disclaimers

Except as expressly stated in a written agreement signed by Driftwise, the Services are provided "as is" and "as available." Driftwise disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing or usage of trade. Driftwise does not warrant that the Services will be uninterrupted, error-free, or that any data will be accurate or complete.

14. Limitation of Liability

To the fullest extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, or exemplary damages, or for lost profits, revenue, goodwill, or data, even if advised of the possibility of such damages. Except for your payment obligations, each party's total liability arising out of or relating to these Terms will not exceed the greater of (a) the fees you paid to Driftwise in the twelve (12) months preceding the event giving rise to liability, or (b) one hundred U.S. dollars ($100).

15. Indemnification

You will defend, indemnify, and hold Driftwise harmless from any third-party claims, damages, liabilities, costs, and fees (including reasonable attorneys' fees) arising from (a) Your Content, (b) your use of the Services in violation of these Terms or applicable law, (c) your infringement of any third party's rights, or (d) your deployment of Widgets on a website you operate, including any failure to satisfy the obligations described in Section 6.

16. Governing Law and Venue

These Terms are governed by the laws of the State of Wyoming, without regard to its conflict-of-laws principles. The state and federal courts located in Wyoming will have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Services, and the parties consent to personal jurisdiction and venue in those courts.

17. Changes to These Terms

We may update these Terms from time to time. If changes are material, we will provide notice through the Services or by email. Your continued use of the Services after the effective date of the updated Terms constitutes acceptance.

18. Miscellaneous

• Entire agreement. These Terms, together with any order form or written agreement between the parties, constitute the entire agreement regarding the Services.
• Severability. If any provision is held unenforceable, the remaining provisions will remain in effect.
• No waiver. A failure to enforce any provision is not a waiver of future enforcement.
• Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
• Force majeure. Neither party is liable for delays or failures due to events beyond its reasonable control.

19. Contact