Use safely
Terms of Use
These Terms govern DriveFX: Car Engine Sounds ("DriveFX" or "the app"), published by Phillip Starkovich, and its support website. "We," "us," and "our" refer to the publisher; customer support operates as Claim727 Support at phil@claim727.com. By selecting Agree & Continue, you acknowledge these Terms and the Privacy Policy. If you disagree, do not continue using the app. Mandatory legal rights always apply.
Distracted driving can cause serious injury, death, or property damage. Only set up or operate DriveFX while safely parked or as a passenger who does not distract the driver. No sound effect, instruction, gauge, notification, purchase screen, or feature is a reason to look away from the road or touch your phone while driving.
1. Safety is a condition of use
- Configure the app, choose a theme, adjust volume, start/stop recordings, and make purchases only when safely parked. If any adjustment is needed during a trip, first stop in a safe and lawful place. Do not stop in a travel lane.
- Secure the phone before moving. Do not hold, watch, reach for, or reposition it while driving. Keep it clear of pedals, steering controls, visibility, and airbags. Hands-free playback does not eliminate the risk of distraction.
- Keep sound low enough to hear traffic, pedestrians, sirens, vehicle warnings, and navigation. Do not use headphones in a way that impairs awareness or violates local law.
- Passengers must not startle, distract, obstruct, or encourage unsafe behavior by the driver. Parents and guardians must supervise minors' use.
- Never accelerate, brake, swerve, race, speed, or change your driving to trigger an effect. Obey all traffic laws and road conditions. Turn effects off before a trip if they may distract anyone.
- Do not use the app while operating a motorcycle, bicycle, machinery, or any activity requiring full attention. Demonstrations should be used while stationary in a safe setting.
- You remain responsible for deciding whether any passive playback is safe and lawful in your circumstances. If distracted, stop using DriveFX as soon as it is safe to do so.
2. Entertainment only; no reliance
DriveFX produces fictional entertainment sounds based on estimates from phone sensors. It does not control a vehicle. It is not a navigation service, accurate speedometer, driver-assistance system, vehicle diagnostic, collision detector, emergency service, or safety device. Displayed speed, acceleration, gauges, and sound timing may be delayed, inaccurate, interrupted, or unavailable. Bluetooth, background restrictions, sensor permissions, positioning, battery state, and other apps can affect operation. Do not rely on DriveFX for driving decisions, legal speed compliance, emergency response, or protection of anyone.
3. Eligibility and license
You must be legally able to accept these Terms, or have a parent/guardian accept and supervise use where required. No age rating grants permission to drive or use a phone unlawfully. Subject to these Terms and the rules of the store you got it from, you receive a personal, limited, non-exclusive license to use the app on compatible Apple or Android devices you own or control. For copies obtained from the App Store, Apple's Standard End User License Agreement governs the app license as applicable; for copies obtained from Google Play, the Google Play Terms of Service also apply. These safety and service terms supplement that license; they do not remove rights granted by mandatory law or override Apple's or Google's applicable terms.
You may not redistribute the app or its assets, infringe intellectual property, bypass purchase verification, interfere with services, exploit defects, or use DriveFX for unlawful or harmful purposes, except where a restriction is prohibited by law. The app, branding, code, and licensed assets remain the property of their respective owners.
4. Free features and the one-time unlock
The app is free to download. Train provides free live sound playback. Demo previews are free for every theme. A single non-consumable In-App Purchase unlocks live playback of all current themes and future themes we add to DriveFX, permanently, without a recurring subscription. It does not promise a schedule or minimum number of future themes, indefinite operating-system compatibility, or perpetual availability of third-party services.
The App Store or Google Play shows the applicable local price and taxes before you confirm payment. Apple or Google processes the transaction under its terms. A purchase is associated with the Apple Account or Google account used to buy it, on that platform; use Restore Purchases with that account to restore eligible access. An internet connection may be required for buying, restoring, and verification. Purchases refunded or revoked by Apple or Google may lose entitlement. We do not store your payment-card information. Refund requests are handled through Apple or Google Play, subject to applicable consumer law. Nothing here limits statutory refund, conformity, or warranty rights.
5. Permissions, recordings, and privacy
Live sound uses motion and location permissions. You may revoke permissions, but live operation may be limited. Demo does not require live sensor input. Optional recordings are sensor logs stored on your device; you are responsible for protecting and appropriately sharing them. Review the Privacy Policy for what is processed locally and what Apple, Google, RevenueCat, and other providers receive. Do not record or share another person's information unlawfully.
6. Assumption of risks
You understand that sound effects, startling noises, screen use, phone handling, mounting failures, device heat, battery use, audio routing, or inaccurate sensor readings can create or contribute to distraction, loss of awareness, or other risks. You voluntarily choose whether to use DriveFX and assume the ordinary, foreseeable risks of your own use, misuse, environment, and failure to follow these safety rules, to the extent the law permits. This acknowledgement does not excuse misconduct or liability that cannot lawfully be excluded.
7. No warranties beyond mandatory rights
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DRIVEFX AND THE WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT EXPRESS OR IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, OR UNINTERRUPTED OPERATION. WE DO NOT WARRANT THAT THE APP IS SAFE FOR EVERY ENVIRONMENT, ERROR-FREE, ALWAYS AVAILABLE, OR COMPATIBLE WITH EVERY DEVICE OR AUDIO SYSTEM. YOU MUST MAKE YOUR OWN SAFETY ASSESSMENT. Where mandatory warranties or consumer guarantees apply, they remain fully effective.
8. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, THE PUBLISHER AND ITS SERVICE PROVIDERS AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, LOSS OF USE, OR BUSINESS INTERRUPTION ARISING FROM OR RELATED TO THE APP, WEBSITE, SENSOR ERRORS, AUDIO EFFECTS, SERVICE INTERRUPTIONS, THIRD-PARTY SERVICES, OR YOUR USE OR MISUSE, EVEN IF ADVISED OF THE POSSIBILITY.
To the extent lawfully permitted, we disclaim responsibility for accidents, traffic violations, injuries, death, property damage, hearing damage, device damage, and other losses caused by distracted driving, unsafe volume, improper mounting, your conduct, or failure to follow these Terms. Where liability cannot be excluded but may lawfully be limited, our total aggregate liability arising out of the app or these Terms is limited to the greater of the amount you paid for DriveFX or US $100.
Nothing in these Terms excludes or limits liability for fraud, intentional misconduct, gross negligence where non-excludable, death or personal injury caused by negligence where non-excludable, statutory consumer guarantees, or any other liability or remedy that applicable law does not allow to be excluded or limited. Some jurisdictions do not permit some exclusions or caps; only the lawful portions apply to you. These Terms are not a promise that every claim is waived.
9. Responsibility for unlawful use
To the extent permitted by law, you agree to be responsible for third-party claims and reasonable costs directly caused by your unlawful use, intentional misuse, infringement of others' rights, or material violation of these safety rules. This does not require you to indemnify us for our own negligence, misconduct, or liabilities that cannot be shifted under applicable law. We will provide reasonable notice and cooperation for any covered claim.
10. Apple and other providers
Apple is not a party to these supplemental service terms and has no obligation to provide DriveFX support. Apple handles App Store transactions and any obligations it assumes under its own terms. RevenueCat provides purchase infrastructure; other providers supply hosting, operating-system, network, and audio services. Their services may have independent terms and availability. Applicable Apple EULA provisions, including Apple's beneficiary rights, remain in effect. Google is likewise not a party to these supplemental terms and has no obligation to provide DriveFX support; Google Play transactions are governed by Google's terms.
11. Updates, suspension, and termination
We may update the app to fix problems, maintain compatibility, or change features. We may suspend misuse or discontinue services where reasonably necessary, subject to paid entitlements and applicable consumer rights. We will not treat routine sound-setting resets as cancellation of your purchase. You may stop using the app at any time. Provisions concerning safety, intellectual property, purchases, privacy, lawful liability limits, and disputes survive to the extent needed to give them effect.
12. Disputes, interpretation, and changes
Contact support first so we can try to resolve a concern. These Terms do not impose mandatory arbitration, waive access to a competent court, or waive class-action rights. Applicable law, including mandatory protections where you reside, determines enforceability and jurisdiction. If a provision is unenforceable, the remaining provisions continue to the extent lawful. A failure to enforce a provision is not a waiver.
We may update these Terms with a revised effective date and appropriate notice. Material changes requiring consent will be presented for acknowledgement. Changes do not retroactively remove accrued consumer rights. For questions, contact Claim727 Support at phil@claim727.com.