Terms of Service

1. Who we are and what this is

These Terms of Service (the "Terms") are a legal agreement between you and Sean Larkin, an individual doing business as "Berth" (sole proprietor, Rhode Island, USA) ("Berth," "we," "us"). They govern your use of the Berth iPhone application and any related websites at driversurvivalkit.com (together, the "Service").

By installing, opening, or using the Service, you agree to these Terms and to our Privacy Policy. If you don't agree, don't use the Service.

2. Who can use Berth

You must be at least 17 years old, legally licensed to drive a motor vehicle in your jurisdiction (for features that assume driving), and able to form a binding contract. If you use the Service on behalf of an organization, you represent that you have authority to bind that organization.

3. Your account

Some features require a Berth account, which you create with an email address and password. You are responsible for keeping your credentials confidential and for everything that happens under your account. Email support@driversurvivalkit.com immediately if you believe your account has been compromised.

You can delete your account at any time by emailing privacy@driversurvivalkit.com. We may suspend or terminate accounts that violate these Terms or that we reasonably believe are being used to abuse, defraud, or harm others.

4. Subscriptions, billing, and trials

Berth offers optional auto-renewing subscriptions ("Pro"). All purchases are processed by Apple through the App Store.

• Price. Shown in the app at the time of purchase. Current plans include a monthly option with a one-week free trial and an annual option. Prices may change; we'll announce material price changes in the app or by email before they take effect for existing subscribers.
• Auto-renewal. Subscriptions renew automatically at the end of each billing period unless you cancel at least 24 hours before the period ends. Manage or cancel subscriptions at iOS Settings → [Your Name] → Subscriptions.
• Free trials. If we offer a free trial for a plan, the trial converts to a paid subscription at the end of the trial unless you cancel before it ends. One free trial per user per plan.
• Refunds. Refund requests for App Store purchases are handled by Apple at reportaproblem.apple.com. We do not have the ability to issue App Store refunds directly.
• Taxes. Prices may include applicable taxes. Apple collects and remits taxes where required.

5. The Service is a tool — you are the driver

Berth is a driver-assistance and information tool, not a self-driving system and not a substitute for your attention, training, or judgment. You are responsible at all times for:

• Operating your vehicle safely and in accordance with local traffic law.
• Complying with the terms of the rideshare and delivery platforms you work on (Uber, Lyft, DoorDash, Instacart, etc.). Berth is not affiliated with any of these companies.
• Complying with tax, licensing, insurance, and commercial-driving regulations that apply to you.
• Not interacting with the app in a way that distracts you while driving. Use CarPlay, Siri, and hands-free voice features; do not stare at your phone.

Surge, demand-heatmap, event, weather, and earnings information in Berth is estimated, third-party-sourced, or modeled — and can be wrong, stale, or unavailable. Never make a safety-critical decision based on Berth's data.

6. Third-party integrations

Berth integrates with services you can connect at your option:

• SmartCar (vehicle telematics)
• PredictHQ, Ticketmaster, AviationStack, MBTA (event and transit data)
• Apple Weather, NOAA / National Weather Service (weather)
• Apple App Store and StoreKit (purchases)
• Supabase (account sync backend)

When you use one of these, you are also subject to that provider's terms and privacy policy. We are not responsible for third-party services, outages, pricing changes, or data handling. If a third-party service changes or shuts down, the related feature in Berth may degrade or stop working.

7. Acceptable use

You agree not to:

• Reverse-engineer, decompile, or tamper with the Service except as expressly permitted by applicable law.
• Use the Service to violate any law, infringe anyone's rights, or impersonate another person.
• Attempt to access another user's account or data.
• Scrape, automate, or bulk-export data from third-party providers through Berth in a way that violates those providers' terms.
• Use the Service to harass or harm other drivers, riders, or members of the public.

We may remove content or terminate accounts that violate this section.

8. Your content

You may add data to Berth (saved points of interest, favorites, voice samples, etc.). You keep all rights to your content. You grant us a limited, non-exclusive license to host, back up, and sync that content solely to operate the Service for you. We do not claim ownership, and we will not use your content for advertising, training AI models, or any purpose other than operating Berth.

9. Our intellectual property

The Berth app, name, logos, and website are owned by Sean Larkin and are protected by copyright, trademark, and other laws. Subject to these Terms, we grant you a personal, non-transferable, non-exclusive, revocable license to use the app on Apple-branded devices you own or control, for your own non-commercial personal use (commercial use meaning redistribution, not your use while earning — earning while using Berth is exactly the point).

10. Beta features and TestFlight

If you access the Service through Apple TestFlight or any feature labeled "beta," "preview," or similar, you acknowledge it may be unstable, incomplete, or contain bugs. Do not rely on beta features for anything important. We may change or withdraw beta features at any time without notice.

You agree not to publicly share screenshots, video recordings, or detailed descriptions of unreleased beta features without our prior written consent, except as Apple's TestFlight program guidelines permit (for example, reporting a bug through the TestFlight "Send Beta Feedback" flow is always allowed). Public-facing marketing language, screenshots of released features, and honest reviews of the shipping app are not restricted.

11. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR ACCURATE, OR THAT ANY PARTICULAR EARNINGS, ROUTES, OR EVENTS WILL RESULT FROM USING IT.

12. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL BERTH OR SEAN LARKIN BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, EARNINGS OPPORTUNITIES, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

FOR ALL OTHER CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE, OUR AGGREGATE LIABILITY TO YOU IS LIMITED TO THE GREATER OF (a) THE AMOUNT YOU PAID US (INCLUDING AMOUNTS APPLE REMITTED TO US ON YOUR BEHALF) FOR THE SERVICE IN THE 12 MONTHS BEFORE THE CLAIM AROSE, OR (b) ONE HUNDRED U.S. DOLLARS (US $100.00).

Exceptions — things this section does NOT limit. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including: (i) liability for death or personal injury caused by our negligence; (ii) liability for fraud or fraudulent misrepresentation; (iii) liability for gross negligence or willful misconduct; (iv) any liability that applicable consumer protection law says cannot be waived; and (v) your statutory rights as a consumer in your jurisdiction. If you live in a jurisdiction whose law requires a different allocation of liability — for example, consumer law in the EU, UK, Australia, or certain U.S. states — the limits above apply only to the maximum extent that jurisdiction permits.

THE ESSENTIAL PURPOSE OF THIS SECTION IS TO ALLOCATE RISK BETWEEN YOU AND US IN LIGHT OF THE PRICE YOU PAY FOR THE SERVICE. BOTH OF US ACKNOWLEDGE THAT THIS ALLOCATION IS A MATERIAL PART OF THE BARGAIN.

13. Indemnification

You agree to defend, indemnify, and hold harmless Sean Larkin d/b/a Berth from any claim, damage, loss, or expense (including reasonable attorneys' fees) arising from (i) your use of the Service, (ii) your violation of these Terms, or (iii) your violation of any law or third-party right.

14. Termination

You can stop using Berth at any time by deleting the app and, if you have an account, asking us to delete it.

We may suspend or terminate your access if you violate these Terms, if we are required to by law, or if we discontinue the Service. We will make reasonable efforts to notify paying subscribers in advance of any discontinuation.

On termination, your license to use the Service ends. Sections that by their nature should survive — intellectual property, disclaimers, limitation of liability, indemnification, governing law, and dispute resolution (including Section 16's arbitration and class-action waiver) — will survive.

15. Governing law

These Terms are governed by the laws of the State of Rhode Island, USA, without regard to its conflict-of-laws rules. Except for claims that are subject to arbitration under Section 16 or that you or we bring in small-claims court, the exclusive forum is the state or federal courts located in Providence County, Rhode Island, and you consent to personal jurisdiction there.

If you live in a jurisdiction whose law grants you rights that this section can't override (for example, certain EU, UK, or U.S. state consumer protections), nothing in this section removes those rights.

16. Dispute resolution, arbitration, and class-action waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT OR PARTICIPATE IN A CLASS ACTION. IT CONTAINS AN OPT-OUT.

16.1 Informal dispute resolution first. Before filing any claim, you agree to first email us at contact@driversurvivalkit.com with a description of the dispute, the amount of damages you're seeking (if any), and what resolution you'd like. We will make a good-faith effort to resolve the dispute within 60 days of receiving your notice. Neither side may start a formal proceeding during that 60-day period. If we can't resolve it, either of us may move to arbitration.

16.2 Binding individual arbitration. Except for the Excluded Claims in Section 16.4, any dispute, claim, or controversy arising out of or relating to these Terms or the Service — whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory — will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules (available at www.adr.org). The arbitrator, not any federal, state, or local court, has exclusive authority to resolve any dispute about the interpretation, applicability, enforceability, or formation of this arbitration agreement.

The arbitration will take place in Providence County, Rhode Island, or — at your election — telephonically or by video. If the amount in dispute is $10,000 or less, you may elect to participate by written submissions only. The arbitrator may award any relief a court could award, but only on an individual basis.

16.3 Class-action waiver. YOU AND BERTH AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate more than one person's claims and may not preside over any form of a representative or class proceeding. If this class-action waiver is found unenforceable as to a particular claim, then that claim (and only that claim) will be severed and litigated in court under Section 15; all other claims will remain in arbitration.

16.4 Excluded claims. Nothing in this Section 16 prevents either of us from (i) bringing an individual claim in small-claims court in the jurisdiction where you live, so long as it remains in that court and is not removed or appealed; (ii) seeking injunctive or other equitable relief in court to protect intellectual property rights (trademarks, copyrights, trade secrets, or patents); or (iii) filing a complaint with a government agency (such as the FTC, a state AG, or a data protection authority).

16.5 30-day opt-out. You can opt out of this Section 16 — and retain your right to sue in court and to participate in class actions — by sending a written opt-out notice to contact@driversurvivalkit.com with the subject line "Arbitration Opt-Out" within 30 days of first accepting these Terms or of a material change to this Section. Your notice must include your full name, the email address associated with your Berth account (if any), and a clear statement that you wish to opt out. Opting out won't affect any other part of these Terms and won't affect your use of the Service.

16.6 Severability of this section. If any part of this Section 16 (other than the class-action waiver, which is addressed in 16.3) is found unenforceable, that part will be severed and the rest will remain in effect.

16.7 Survival. This Section 16 survives termination of these Terms.

16.8 If you live in the EU, UK, or a jurisdiction that doesn't permit binding consumer arbitration. Nothing in this Section 16 overrides your right to sue in the courts of your home country under applicable consumer-protection law. In that case, Sections 15 and 16 apply only to the extent permitted there.

17. Apple-specific terms

The Service is licensed (not sold) to you for use on Apple devices. You acknowledge:

• These Terms are between you and Sean Larkin d/b/a Berth, not between you and Apple.
• Apple has no obligation to provide maintenance or support for the Service.
• If the Service fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price; Apple has no other warranty obligation.
• Apple is not responsible for addressing any claims by you or a third party relating to the Service.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

18. Changes to these Terms

We may update these Terms from time to time. If a change is material, we'll update the "Last updated" date above and, for account holders, send an email to your account address. Continued use of the Service after a change indicates acceptance.

19. Miscellaneous

• Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and us regarding the Service.
• Severability. If any part of these Terms is unenforceable, the rest remains in effect.
• No waiver. Our failure to enforce a provision isn't a waiver of that provision.
• Assignment. You may not assign these Terms. We may assign them to a successor (e.g., if Berth is reorganized from a sole proprietorship into an LLC).

20. Contact

Sean Larkin d/b/a Berth
Email: contact@driversurvivalkit.com
Privacy: privacy@driversurvivalkit.com
Support: support@driversurvivalkit.com