Brightwatch Ride Terms of Service

DRAFT: NOT LEGAL ADVICE. HAVE A LICENSED TENNESSEE ATTORNEY REVIEW THIS DOCUMENT BEFORE PUBLICATION.
Placeholders in [BRACKETS] must be completed. Last updated: [DATE]. Version: draft-2026-10-21b.

These Terms are an agreement between you and Brightwatch Labs LLC, a Tennessee limited liability company ("we", "us"). By creating a parent account you confirm you are 18 or older and the parent or legal guardian of the rider, and you agree to these Terms and the Privacy Policy on your own behalf and on behalf of the rider.

1. Eligibility and consent

Riders must be at least 13 years old.
The parent/guardian must obtain the rider's informed agreement; the rider must review the in-app consent screen. You must not use Brightwatch Ride to monitor anyone covertly or without their knowledge, or to monitor anyone other than your own minor child who has agreed.
Pairing must be accepted by the rider on the rider's own phone, and the rider's app always shows that location is shared during rides.
The rider's agreement is an acknowledgment of what is shared. It is not a waiver of any rights or claims by the rider.

2. IMPORTANT LIMITATIONS (PLEASE READ)

Brightwatch Ride is not an emergency or medical service and does not contact 911 or emergency responders. In an emergency, call 911.
Possible-fall alerts cannot detect all falls or crashes. Alerts may be missed, delayed, or triggered when no fall occurred. Do not rely on Brightwatch Ride to detect an accident or injury.
Location, speed, and geofence alerts depend on GPS, cellular or Wi-Fi service, phone battery, and device settings, and may be inaccurate, delayed, or unavailable. Speed readings are estimates and not suitable for legal or insurance purposes.
Alerts require the rider's phone to be charged, powered on, connected, and running the app with location permissions enabled. If any of these fail, no alert will be sent.
Brightwatch Ride is an informational tool and is not a substitute for parental supervision, rider training, helmets, or responsible riding.

3. Feature limitations

Automatic ride detection: Automatic ride detection usually takes about a minute to start, so the very beginning of a ride may not be recorded. Detection can also be delayed or missed. It may also start or stop at the wrong time (for example in a car or on foot), and depends on the rider's phone, battery, permissions, iOS behavior and signal.
Possible-fall alerts: off by default. Possible-fall alerts cannot detect all falls or crashes. Alerts may be missed, delayed, or triggered when no fall occurred.
No-go zone alerts (streets and areas set by the parent) are informational only and cannot prevent anyone from riding there. Phone GPS can drift, so alerts may trigger near intersections or on parallel roads, or may be missed. Street geometry comes from OpenStreetMap and may be incomplete or outdated.
Speed alerts are informational only, based on phone GPS which can be inaccurate, and are estimates, not a measure of legal speed.
Legal rules information (state e-bike laws, the "is my bike legal" checker, quizzes) is general information only and may be outdated or incomplete. It is not legal advice. Verify with local authorities.
Location, sensors, push notifications and network service can fail. You are responsible for your family's riding decisions and supervision.

4. Subscriptions

Paid plans ($6.99/month or $49.99/year per family, with a 7-day free trial for new subscribers) are sold only through Apple in-app purchase and billed to your Apple ID. Subscriptions renew automatically at the same price unless cancelled at least 24 hours before the end of the current period (or trial). Cancel anytime in iPhone Settings › [your name] › Subscriptions. Refunds are handled by Apple under its policies.

5. Acceptable use

Do not misuse the service, attempt to access other families' data, interfere with the relay, reverse-engineer it except as permitted by law, or use Brightwatch Ride unlawfully.

6. Disclaimer of warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BRIGHTWATCH RIDE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT RIDES, FALLS, SPEEDS, OR LOCATIONS WILL BE DETECTED, RECORDED, OR DELIVERED.

7. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, Brightwatch Labs LLC AND ITS MEMBERS, MANAGERS AND CONTRACTORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR PERSONAL INJURY, PROPERTY DAMAGE, OR LOSS OF DATA ARISING FROM USE OF OR INABILITY TO USE BRIGHTWATCH RIDE, INCLUDING ANY FAILURE TO DETECT A RIDE OR FALL OR TO DELIVER AN ALERT. OUR TOTAL LIABILITY FOR ANY CLAIM WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM OR US $50. Some jurisdictions do not allow certain limitations, so some of these may not apply to you.

8. Indemnity

You agree to indemnify Brightwatch Labs LLC against claims arising from your misuse of Brightwatch Ride or violation of these Terms, to the extent permitted by law.

9. Termination

You may stop using Brightwatch Ride at any time. We may suspend the service for misuse or discontinue it with reasonable notice.

10. Governing law

These Terms are governed by the laws of the State of Tennessee, without regard to conflict-of-law rules, and the Federal Arbitration Act governs Section 10A. Subject to Section 10A, venue is [COUNTY], Tennessee.

10A. Binding arbitration and class-action waiver

Arbitration. Except for claims that qualify for small-claims court, any dispute arising from these Terms or Brightwatch Ride will be resolved by binding individual arbitration administered by [AAA / JAMS] under its consumer rules, in [COUNTY], Tennessee or remotely. Either side may first send a written notice of the dispute and attempt informal resolution for 30 days.
Class-action waiver. You and we may bring claims only in an individual capacity, not as a plaintiff or class member in any class, collective, or representative proceeding. The arbitrator may not consolidate claims.
Opt-out. You may opt out of this arbitration agreement by emailing hello@brightwatchlabs.com within 30 days of first accepting these Terms.
If the class-action waiver is found unenforceable, this Section 10A does not apply to that claim. [ATTORNEY TO CONFIRM enforceability as to minors and non-account-holders.]

11. Apple

These Terms are between you and Brightwatch Labs LLC, not Apple. Apple has no obligation to provide support or warranty for Brightwatch Ride, and is a third-party beneficiary of these Terms. [ATTORNEY TO CONFIRM Apple-required EULA terms.]

12. Contact

hello@brightwatchlabs.com, [MAILING ADDRESS].