Terms of Service

Last updated: December 20, 2024

1. Acceptance of Terms

Welcome to DrivewayGold, a service provided by FallWestSystems LLC ("we," "our," "us," or "Company"). By accessing or using our service, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use our service.

2. Description of Service

DrivewayGold is a web-based application that allows users to itemize the contents of their home by uploading images. Our AI-powered service identifies items in your images and provides estimates for original cost, replacement cost, and garage sale prices. Users can generate and download itemized reports.

3. Account Registration

To use our service, you must:

  • Be at least 18 years of age
  • Provide accurate, current, and complete registration information
  • Maintain and update your information to keep it accurate
  • Maintain the security of your account credentials
  • Accept responsibility for all activities under your account

You are responsible for maintaining the confidentiality of your password and account. You agree to notify us immediately of any unauthorized use of your account.

4. Credits and Payment

4.1 Purchase of Credits

Our service operates on a credit-based system. You purchase credits that are used to process images and generate itemized reports. All payments are processed securely through Stripe.

4.2 Pricing

Credit prices are displayed on our Pricing page and may be updated from time to time. Prices are in U.S. Dollars unless otherwise stated.

4.3 No Refunds

All credit purchases are final and non-refundable, except as required by law or as specified in our Refund Policy. Credits do not expire.

4.4 Taxes

You are responsible for any applicable taxes, duties, or government charges related to your purchase.

5. Use of Service

5.1 Permitted Use

You may use our service for personal, non-commercial purposes to itemize your home contents.

5.2 Prohibited Activities

You agree NOT to:

  • Upload images that contain illegal, harmful, or inappropriate content
  • Upload images that violate third-party intellectual property rights
  • Use the service for any unlawful purpose
  • Attempt to gain unauthorized access to our systems
  • Interfere with or disrupt the service or servers
  • Use automated means (bots, scrapers) to access the service
  • Resell or redistribute our service without permission
  • Reverse engineer or attempt to extract source code

6. AI-Generated Valuations

Important Disclaimer: All item identifications and price estimates are generated by artificial intelligence and are provided for informational purposes only. We make no guarantees regarding:

  • Accuracy of item identification
  • Accuracy of cost or price estimates
  • Completeness of inventory data
  • Suitability for insurance or legal purposes

You should verify all information independently, especially for insurance claims, estate planning, or other critical purposes. We are not liable for any losses resulting from reliance on AI-generated estimates.

7. Intellectual Property

7.1 Your Content

You retain ownership of all images and content you upload. By uploading content, you grant us a limited license to process, store, and display your content solely to provide our services to you.

7.2 Our Content

All aspects of the service, including text, graphics, logos, software, and AI models, are owned by us or our licensors and are protected by copyright, trademark, and other intellectual property laws.

8. Privacy

Your use of the service is also governed by our Privacy Policy. Please review our Privacy Policy to understand how we collect, use, and protect your information.

9. Termination

We reserve the right to suspend or terminate your account at any time, with or without notice, for any reason, including:

  • Violation of these Terms
  • Fraudulent or illegal activity
  • Extended period of inactivity
  • At your request

Upon termination, your right to use the service will immediately cease. You may request a copy of your data before termination.

10. Disclaimers and Limitation of Liability

10.1 Service "As Is"

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

10.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY.

11. Indemnification

You agree to indemnify, defend, and hold harmless FallWestSystems LLC, DrivewayGold, and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses arising out of or related to your use of the service or violation of these Terms.

12. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes by email or through the service. Your continued use of the service after changes constitutes acceptance of the modified Terms.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Wisconsin, without regard to its conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Wisconsin for the resolution of any disputes.

14. Dispute Resolution

Any disputes arising from these Terms or use of the service shall be resolved through binding arbitration, except where prohibited by law. You waive your right to participate in class action lawsuits.

15. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

16. Contact Information

If you have any questions about these Terms, please contact us:

FallWest Systems LLC

Address: 3265 Dans Dr., Stevens Point, WI 54481

Email: info@drivewaygold.com

By using DrivewayGold, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

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