Terms of Service

1. Acceptance of Terms

By accessing or using Mellow Miles ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.

2. Service Description

Mellow Miles is a driving wellness application designed to help users understand their driving patterns and manage stress during driving.

3. Eligibility

You must be at least 18 years old and possess a valid driver's license to use this Service.

4. How the Service Works

Passive Data Collection

Mellow Miles operates in the background during your drives to automatically collect biometric, motion, and location data. The app is designed to run hands-free without requiring your interaction while driving.

Post-Drive Reflection

The app prompts you for reflections and emotional check-ins AFTER your drive ends, never during active driving. All review features are designed for use when safely parked.

Optional Interventions

If you enable calming interventions, the app may automatically play music or provide audio guidance when stress is detected. These are audio-only and do not require visual attention.

5. Acceptable Use

You agree NOT to:

• Manually interact with the app screen while actively driving
• Use the app as a substitute for professional medical or mental health treatment
• Rely solely on the app for driving safety decisions
• Share your account credentials with others
• Violate any applicable laws or regulations
• Attempt to gain unauthorized access to the Service
• Interfere with or disrupt the Service
• Use the Service for commercial purposes without authorization
• Reverse engineer, decompile, or attempt to extract source code

6. Critical Safety Disclaimers

7. Device Requirements & Permissions

To function properly, Mellow Miles requires:

• Location Services: Continuous background access for route tracking
• Motion & Fitness: Accelerometer and gyroscope data for driving behavior analysis
• HealthKit (optional): Heart rate and HRV data from Apple Watch
• Bluetooth (optional): OBD-II vehicle diagnostics connection
• Notifications: Post-drive prompts and wellness reminders

You may revoke permissions at any time through device settings, but this will limit app functionality. Background location access is essential for automatic drive detection.

8. Data Accuracy & Limitations

Biometric and motion data may be affected by device placement, sensor calibration, environmental conditions, and individual physiology. Stress detection algorithms are probabilistic and may produce false positives or miss events. Heart rate variability (HRV) analysis requires Apple Watch; accuracy depends on proper watch fit and skin contact.

Route tracking accuracy depends on GPS signal strength and may be degraded in tunnels, urban canyons, or areas with poor satellite visibility. Distance calculations use the Haversine formula and are approximate.

9. Subscription and Billing

Free Tier

Basic drive tracking, post-drive surveys, and 30-day history are available at no cost. Free tier users may see anonymized aggregate insights.

Premium Subscription

• Unlimited history and detailed analytics
• Real-time stress detection and calming interventions
• Apple Watch integration with HRV analysis
• OBD-II vehicle diagnostics support
• Enhanced privacy controls and local-only data mode
• Export and sharing capabilities

Billing Terms

• Subscription fees are charged through Apple App Store
• Fees are non-refundable except as required by law
• Cancel anytime through account settings or App Store
• Cancellation effective at end of current billing period
• Auto-renewal can be disabled in iOS Settings
• Price changes require 30 days notice; continued use constitutes acceptance

10. Data Ownership and Privacy

You retain full ownership of all data collected by Mellow Miles. We never sell, rent, or share your personal data with third parties for marketing purposes.

Your Rights

• Export all your data in JSON/CSV format at any time
• Delete your account and all associated data permanently
• Control what data is collected via granular permission toggles
• Use local-only mode to prevent cloud sync (Premium)
• Request data portability under GDPR/CCPA where applicable

See our Privacy Policy for complete details on data collection, storage, encryption, and your rights under applicable privacy laws.

11. PTSD/Trauma-Informed Features

Mellow Miles offers optional enhanced privacy and trauma-informed design for veterans and individuals managing PTSD or trauma-related conditions.

Enhanced Privacy Mode

• Shorter data retention windows (configurable)
• Export-only sharing (no automatic social features)
• Stricter default permissions
• Compassionate, non-triggering language throughout the app

These features do not constitute mental health treatment. If you are experiencing a crisis, contact the Veterans Crisis Line (988 then press 1), Crisis Text Line (text HOME to 741741), or call 911.

12. Third-Party Integrations

Apple HealthKit

With your explicit consent, we access heart rate, HRV, sleep, and activity data from HealthKit. This data is processed on-device when possible and encrypted in transit. We never write data back to HealthKit without your permission.

OBD-II Adapters

OBD-II vehicle diagnostics are optional. You are responsible for ensuring your adapter is compatible (Bluetooth Low Energy, ELM327 protocol). We are not liable for any vehicle warranty issues or damage from OBD-II use.

Mapping Services

Route visualization uses MapLibre with OpenStreetMap data and optional HERE Technologies routing. Map data is subject to third-party terms and may contain inaccuracies.

13. Intellectual Property

All app content, features, algorithms, and branding are owned by Mellow Miles or licensed to us. You may not copy, modify, distribute, or reverse engineer any part of the Service.

User-generated content (trip notes, emotion logs, surveys) remains your property. By using the Service, you grant us a limited license to process this content solely to provide app functionality.

14. Limitation of Liability

THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MELLOW MILES SHALL NOT BE LIABLE FOR:

• Any accidents, injuries, or property damage occurring while using the app
• Inaccurate data, missed stress events, or false positives
• Device battery drain or performance impact
• Loss of data due to device failure, user error, or service outages
• Consequential, indirect, incidental, or punitive damages
• Any amount exceeding fees paid in the 12 months prior to the claim

Some jurisdictions do not allow limitation of liability for personal injury or incidental damages. In such cases, our liability is limited to the fullest extent permitted by law.

15. Indemnification

You agree to indemnify and hold harmless Mellow Miles, its officers, employees, and affiliates from any claims, damages, or expenses arising from your use of the Service, violation of these Terms, or infringement of any third-party rights.

16. Termination

You may terminate your account at any time through app settings. We may suspend or terminate your access if you violate these Terms or engage in fraudulent activity.

Upon termination, your subscription ends immediately (no pro-rated refunds), but you retain the right to export your data for 30 days. After 30 days, all data is permanently deleted per our retention policy.

17. Dispute Resolution

Informal Resolution

Before filing any claim, you agree to contact us at legal@mellowmiles.app to attempt informal resolution. We commit to responding within 14 business days.

Arbitration

Any disputes not resolved informally shall be settled by binding arbitration under the American Arbitration Association (AAA) Consumer Arbitration Rules. Arbitration occurs in your state of residence. You waive the right to class action lawsuits.

Exceptions

Either party may seek injunctive relief in court for intellectual property infringement or data breach. Small claims court remains available for qualifying disputes.

18. Governing Law

These Terms are governed by the laws of the State of California, USA, without regard to conflict of law principles. If you are a resident of the European Union, you retain consumer protection rights under local law.

19. Changes to Terms

We may update these Terms with 30 days notice via email and in-app notification. Continued use after changes take effect constitutes acceptance. Material changes (pricing, arbitration, liability) will be highlighted in the notice.

20. Severability

If any provision of these Terms is found unenforceable, the remaining provisions remain in full effect. Unenforceable provisions will be modified to the minimum extent necessary.

21. Entire Agreement

These Terms, together with our Privacy Policy and any subscription agreements, constitute the entire agreement between you and Mellow Miles. They supersede all prior understandings.

22. Contact Information