TERMS OF SERVICE
Effective Date: September 29, 2026
1. Acceptance of Terms
These Terms of Service (“Terms”) govern your access to and use of the WaySense mobile application, websites, products, software, and related services (collectively, the “Services”) provided by FiglioTech, Inc. (“FiglioTech,” “we,” “us,” or “our”).
By accessing or using the Services, you agree to be bound by these Terms.
If you do not agree to these Terms, do not access or use the Services.
These Terms incorporate by reference our Privacy Policy and, where applicable, our Youth Privacy Notice, each as updated from time to time.2. Definitions
For purposes of these Terms:
“Account Holder” means the person or entity that creates, purchases, controls, or administers an account, subscription, or Group.
“Administrator” means a user granted elevated permissions within an account or Group.
“Group” means a shared account environment that allows multiple users to participate under a common account structure.
“Group Member” means a user participating in a Group whose permissions depend on assigned role and settings.
“Organization” means a business, employer, school, fleet operator, driving school, nonprofit, association, or other entity using the Services or administering access to the Services for users.
“User Content” means content submitted by users through the Services, including messages, images, settings, profile information, or other materials.3. Description of the Services
The Services provide tools intended to support awareness of driving activity, communication, driver education, and account management.
Depending on configuration, permissions, and subscription level, the Services may allow users to:
• record trip activity and generate trip-related insights
• review route or trip history
• receive alerts, notifications, scores, or summaries
• access image, video, audio, location, or telemetry-based features
• communicate within authorized Groups
• manage users, permissions, and settings within shared accounts
• access subscription-based or premium features
The Services may use automated systems, including machine learning, to generate certain outputs and may not identify every event, unsafe behavior, or incident and may misclassify, or misinterpret certain behaviors or events.
The Services are intended as informational and convenience tools only and are not a substitute for safe driving judgment, supervision, driver education, parental/guardian guidance, employer oversight, or compliance with law.
Features may change, be added, removed, or vary by plan, device, region, or operating system. Certain features may be available only through specific subscription plans, devices, operating systems, geographic regions, or future product releases.4. Eligibility and User Structures
4.1 Eligibility
You must be at least 14 years old to use the Services unless access is otherwise permitted through a parent, guardian, or authorized Account Holder in accordance with applicable law.
If you are under the age of majority in your jurisdiction, you may use the Services only with appropriate authorization or supervision.
You agree to provide accurate, current, and complete information when using the Services.
If you access or use the Services on behalf of a company, organization, school, household, or other entity, you represent and warrant that you have authority to bind that entity to these Terms.
4.2 User Structures and Roles
The Services may support different user structures depending on plan type and functionality, including:
• Individual users
• Shared Groups (including household or family use)
• Business or organizational use
• Driver education or training relationships
• Referral, promotional, association, affinity, or partner relationships
Roles within a Group or other shared structure may include:
• Account Holder
• Administrator
• Group Member
Not all plans or users have access to every role or feature.5. Account Registration and Security
You are responsible for:
• maintaining the confidentiality of login credentials
• restricting unauthorized access to your device or account
• activity occurring under your account unless prohibited by law
• promptly updating inaccurate account information
You must promptly notify us of suspected unauthorized access, security breaches, or misuse involving your account.
We are not liable for losses, damages, or disruptions arising from unauthorized use of your credentials or failure to maintain account security.6. Device Permissions, Equipment, and Setup
Certain features of the Services depend on device permissions, hardware placement, connectivity, battery power, and compatible devices.
Depending on the feature used, the Services may require or rely on access to:
• camera
• microphone
• internet or network connectivity
• location services
• motion sensors / telemetry
• notifications
• audio output for alerts
• background activity permissions
You are responsible for:
• granting or revoking device permissions
• using a compatible device
• safely configuring device placement (such as a phone mount, where used)
• maintaining adequate battery power or charging capability
• ensuring the device can operate safely without overheating or obstructing visibility
If a device becomes unsafe to use, overheats, loses power, malfunctions, or interferes with safe operation of a vehicle, discontinue use until the issue is resolved. FiglioTech is not responsible for damage to devices, mounts, vehicles, batteries, charging systems, or related equipment arising from use of the Services.
Disabling permissions or lacking compatible equipment may limit functionality.7. Use of the Services
7.1 Permitted Use
You may use the Services only for lawful purposes and in accordance with these Terms.
Depending on account structure, the Services may be used for:
• personal use
• household use
• supervised teen driving use
• educational or driver-training contexts
• commercial, fleet, or organizational purposes
7.2 Prohibited Use
You agree not to:
• use the Services in violation of any law or regulation
• use or interact with the Services in a manner that is unsafe or distracting
• misuse recordings, data, or access permissions
• copy, scrape, reverse engineer, or interfere with the Services except as permitted by law
• attempt unauthorized access to accounts, systems, or data
• use the Services to harass, threaten, or unlawfully monitor others
• provide false information or impersonate another person
7.3 Monitoring by FiglioTech
We may, but are not obligated to, monitor use of the Services for:
• security
• fraud prevention
• platform integrity
• performance
• compliance with these Terms
Monitoring does not create any duty to supervise users, review all activity, or prevent misuse.
7.4 Safe Use While Driving
You are solely responsible for operating a vehicle safely and lawfully at all times. The Services are intended to be configured before driving begins and may, where supported by the device, permissions, and configuration, operate automatically or in the background during travel.
You agree not to use or interact with the Services while driving in any manner that is unsafe or distracting. If alerts, sounds, notifications, or settings are distracting or unsafe, you should disable, reconfigure, or stop using those features until the vehicle is safely parked. You remain responsible for complying with all laws regarding mobile device use while driving.8. Recording, Camera, Location, Notice and Consent Responsibilities
Certain features of the Services may use cameras, images, video, audio, location services, telemetry, or related device capabilities. These features are dependent on permissions, settings, compatible devices, and plan functionality.
You are solely responsible for:
• complying with all applicable laws relating to recording, monitoring, location tracking or similar activities
• determining whether recording or monitoring is lawful in the location where the Services are used
• providing any required notices to passengers, drivers, employees, minors, parents, guardians, or other individuals
• obtaining any required consents or authorizations
• using camera placement and device setup in a safe and lawful manner
If you record or monitor a minor passenger or user, you are responsible for obtaining any legally required parent or guardian authorization.
FiglioTech does not verify that you have provided required notices or obtained required consents, and is not responsible for your compliance with applicable law.
Depending on device and plan functionality, users may be able to separately enable or disable certain inward-facing and outward-facing camera features.9. Alerts, Scores, Machine Learning, and Driving Outputs
The Services may generate alerts, scores, clips, summaries, classifications, or other outputs based on telemetry, images, video, audio, location data, device signals, third-party data, or automated analysis.
Examples may include:
• speeding alerts
• hard braking or rapid acceleration alerts
• trip summaries
• coaching insights
• crash or incident indicators
• seatbelt usage
• driving patterns that may suggest inattentiveness or fatigue-related behavior where supported by the applicable feature configuration
Certain features may analyze eye movement, head position, facial orientation, or similar visual cues to generate driving-related insights or attentiveness indicators. The Services are not designed to identify individuals through facial recognition technology, and FiglioTech does not collect, store, or retain biometric identifiers or biometric information for identification purposes.
These outputs are provided for informational purposes only. They:
• may not be complete, accurate, timely, or error-free
• may miss events or generate false positives
• may depend on device placement, signal quality, permissions, operating system limitations, or third-party data sources
• may use speed-limit, map, or geolocation information supplied by third parties that may be inaccurate or outdated
The Services do not guarantee identification of all unsafe behavior or incidents and are not a substitute for safe driving judgment, parental/guardian supervision, employer oversight, professional driver training, or compliance with law.
Outputs should not be relied upon as the sole basis for:
• employment decisions
• disciplinary action
• insurance decisions
• legal claims
• emergency response determinations
• safety determinations
You are solely responsible for how you interpret and use any outputs.
Automated outputs should not be interpreted as definitive findings regarding a person's identity, activities, physical condition, attentiveness, intent, or legal responsibility.10. Groups, Shared Accounts, and Permissions
The Services may allow users to participate in Groups or shared account environments.
Depending on configuration, a Group may include:
• an Account Holder
• one or more Administrators
• Group Members
Permissions and visibility may vary based on plan type, settings, and assigned role. The Account Holder and certain Administrators may have visibility into Group Member activity (including of other Administrators) regardless of some member visibility settings.
Depending on those settings, authorized users may be able to:
• invite or remove users
• manage permissions
• view trip activity or summaries
• view location status
• receive notifications or alerts
• communicate through in-app tools
• manage subscription-linked features
The Account Holder and Administrators may receive notifications when Group Members modify certain permissions, including certain location-sharing or visibility settings. Users are responsible for understanding that trip visibility and location visibility may differ among Group roles.
FiglioTech is not responsible for disputes among Group participants regarding access, visibility, permissions, communications, supervision, use of shared information, or use of the Services.
Users are responsible for understanding the settings and permissions applicable to their Group.11. Driving School, Referral, and Educational Relationships
The Services may be promoted through driving schools, instructors, educational partners, referral or promotional partners, or other third parties.
These relationships may include:
• referral links
• promotional offers
• discounts
• onboarding support
• informational materials
Unless expressly stated otherwise, such third parties are independent from FiglioTech and referral participation or promotion of the Services alone does not provide such third parties with automatic access to user account data.
We do not guarantee, endorse, supervise, or vet any driving school, instructor, or referral or promotional partner.
Users and parents or guardians are solely responsible for deciding:
• whether to engage with any third party
• whether to share information with them
• whether their services are appropriate or lawful
We are not responsible for the acts, omissions, services, advice, communications, or privacy practices of third parties.12. Business, Employer, Fleet, and Organizational Use
If the Services are used by or through a business, employer, fleet operator, school, or other Organization, the following additional terms apply:
12.1 Organization Authority
The Organization may act through an Account Holder, Administrator, manager, or other authorized representative.
That representative may control:
• user access
• feature availability
• permissions
• visibility settings
• account administration
12.2 Monitoring and Visibility
Depending on configuration, plan type, and assigned role and associated permissions, the Organization may be able to access or review information associated with participating users, including:
• trip activity
• location information
• alerts or scores
• communications within the platform where applicable
• images, video, audio, or incident-related content where enabled
Users acknowledge that participation in an Organization-managed account may involve monitoring or visibility by the Organization, its Account Holder, Administrators, and authorized representatives.
Users should understand that Organization-managed accounts may differ from personal or household accounts with respect to visibility, permissions, administration, and data access.
12.3 Organization Responsibilities
The Organization is solely responsible for:
• complying with employment, labor, privacy, surveillance, and recording laws
• providing required notices to workers, users, passengers, or others
• obtaining required consents
• determining who should have admininstrative rights or visibility
• ensuring lawful and fair use of data
• verifying licenses, qualifications, identity, or employment eligibility of drivers where relevant
• providing any required equipment or setup for its users
12.4 No Responsibility for Organization Decisions
FiglioTech is not responsible for any act, omission, or decision made by an Organization relating to:
• hiring
• discipline
• termination
• compensation
• insurance treatment
• supervision
• scheduling
• investigations
• safety programs
Disputes between users and Organizations are solely between those parties.
12.5 Informational Tool Only
As between FiglioTech and any Organization, the Services are tools only. FiglioTech does not supervise drivers, operate fleets, or manage personnel.13. Fees, Subscriptions, Purchases, and Billing
Certain features of the Services may require payment, subscription enrollment, or purchase of related products or premium functionality.
Depending on the offering, charges may relate to:
• monthly or annual subscriptions
• household or Group plans
• business, Organization or fleet plans
• premium features
• accessories, hardware, or related products where offered
• add-on services or future upgrades
By making a purchase, you authorize us or our payment processor to charge the applicable payment method.
You agree to provide current, complete, and accurate billing information.
Subscriptions may renew automatically unless canceled before the applicable renewal date, subject to any required disclosures or app-store rules.
Fees are non-refundable except where required by law or expressly stated otherwise.
We may change pricing, plans, or available features prospectively upon notice where required.
Purchases made through third-party app stores may be subject to their billing terms, refund rules, and payment systems.
We may also make purchases available through third-party payment processors, such as Stripe, Inc. If you purchase Services through an external payment processor, your payment transaction will also be subject to that provider's applicable terms, privacy policy, refund practices, and payment processing requirements.14. Intellectual Property and License
The Services are licensed, not sold, to you.
The Services, including all software, content, text, graphics, logos, designs, compilations, interfaces, audiovisual materials, and related technology, are owned by FiglioTech or its licensors and are protected by intellectual property laws. FiglioTech and its licensors retain all rights, title, and interest in and to the Services, including related software, models, algorithms, analytics, aggregated data, and improvements derived from operation of the Services.
Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for permitted purposes during the applicable subscription term.
You may not, except as allowed by law:
• copy, modify, adapt, translate, or create derivative works of the Services
• reverse engineer, decompile, or attempt to extract source code
• scrape, harvest, or systematically extract data
• remove proprietary notices
• use our trademarks without permission
• exploit the Services commercially except through authorized plans or written permission
All rights not expressly granted are reserved.15. User Content, Feedback, and Communications
You may submit User Content through the Services.
You retain ownership of User Content you lawfully own.
You grant FiglioTech a worldwide, non-exclusive, royalty-free license to host, store, reproduce, process, display, transmit, and use User Content as reasonably necessary to:
• provide the Services
• operate requested features
• troubleshoot issues
• improve, maintain, develop, support, and enhance the Services, including their functionality, features, analytics, object detection capabilities, automated systems, safety-related insights, and machine learning models across the Services for the benefit of users generally
• comply with law
• enforce these Terms
You represent that you have the rights necessary to submit User Content.
If you provide ideas, feedback, or suggestions, we may use them without restriction or compensation.16. Disclaimers
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FIGLIOTECH DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF:
• MERCHANTABILITY
• FITNESS FOR A PARTICULAR PURPOSE
• TITLE
• NON-INFRINGEMENT
• ACCURACY
• RELIABILITY
• QUIET ENJOYMENT
We do not warrant that:
• the Services will be uninterrupted, secure, or error-free
• use of the Services will achieve any particular result or benefit
• defects will be corrected
• outputs, alerts, scores, or classifications will be accurate, complete, or timely
• the Services will be compatible with every device, vehicle, mount, network, or operating system
• any feature will remain available
• User Content or data will not be lost, deleted, corrupted, or unavailable
Use of the Services is at your own risk.17. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FIGLIOTECH AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY:
• INDIRECT
• INCIDENTAL
• SPECIAL
• CONSEQUENTIAL
• EXEMPLARY
• PUNITIVE DAMAGES
INCLUDING LOSS OF PROFITS, REVENUE, GOODWILL, DATA, BUSINESS INTERRUPTION, VEHICLE DAMAGE, DEVICE DAMAGE, EQUIPMENT DAMAGE, DAMAGE TO PERSONAL PROPERTY, PERSONAL INJURY, OR PROCUREMENT OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATING TO:
• use of or inability to use the Services
• reliance on alerts, outputs, or content
• device overheating, battery drain, mount failure, obstruction, or hardware issues
• third-party acts or omissions
• organizational monitoring, management, disciplinary, employment, or insurance decisions
• unauthorized access or security incidents
• errors, outages, or delays
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FIGLIOTECH’S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS SHALL NOT EXCEED THE GREATER OF:
• the amounts you paid to FiglioTech for the specific user, account, subscription, or Services directly giving rise to the claim during the twelve (12) months preceding the event giving rise to the claim; or
• USD $100.
Some jurisdictions do not allow certain limitations, so portions of this section may not apply to you.18. Indemnification
To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless FiglioTech and its affiliates, officers, directors, employees, contractors, licensors, and service providers from and against claims, damages, liabilities, judgments, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:
• your use of, or inability to use, the Services
• your violation of these Terms
• your violation of law
• your negligence, unsafe driving, or misuse of the Services
• your failure to obtain required notices or consents
• User Content you submit
• disputes with other users, Account Holders, Administrators, Organizations or their representatives, schools, employers, or third parties
If you are an Organization, this includes claims arising from your employment decisions, instructions, configurations and settings, monitoring practices, disciplinary actions, or use of data generated through the Services.
We reserve the right to control defense of any matter subject to indemnification.19. Suspension, Termination, Changes, and Legal Terms
We may suspend, restrict, or terminate access to the Services at any time, with or without notice, if:
• you violate these Terms
• required by law
• your use creates risk to users, us, or third parties
• the Services are discontinued or materially changed
You may stop using the Services at any time.
Upon termination, provisions that by their nature should survive will survive, including ownership, disclaimers, limitations of liability, indemnification, dispute terms, and accrued payment obligations.
We may update these Terms from time to time. Material changes may be communicated through the Services, by email, or other reasonable means. Continued use after the effective date of updated Terms constitutes your acceptance of the updated Terms, to the extent permitted by law.
These Terms are governed by the laws of the State of Florida, without regard to conflict of laws principles.
Any dispute not otherwise subject to the arbitration provisions below shall be brought exclusively in the state or federal courts located in Duval County, Florida, and you consent to personal jurisdiction there.
If any provision is found unenforceable, the remaining provisions remain in effect.
Our failure to enforce any provision is not a waiver.20. Dispute Resolution and Arbitration
Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court and to participate in a class action.
20.1 Informal Resolution First
If you have a dispute, claim, or controversy arising out of or relating to the Services or these Terms (“Dispute”), you agree to first contact FiglioTech and attempt to resolve the Dispute informally by sending written notice describing the issue and the requested resolution to: Legal@Figliotech.com.
The parties agree to use good-faith efforts to resolve any Dispute informally for at least thirty (30) days before initiating arbitration or court proceedings.
20.2 Binding Arbitration
Except for matters that may be brought in small claims court or claims for injunctive relief relating to intellectual property or unauthorized access, any Dispute that is not resolved informally shall be resolved exclusively through final and binding arbitration on an individual basis. Arbitration shall be administered by the American Arbitration Association (“AAA”) under its applicable consumer arbitration rules, unless the parties agree otherwise.
20.3 No Class Actions
You and FiglioTech agree that all Disputes will be resolved only on an individual basis and not as part of any class, consolidated, collective, or representative action.
20.4 Arbitration Location / Format
Arbitration may be conducted remotely, by written submissions, or in a mutually agreed location, consistent with applicable arbitration rules.
20.5 Applicable Law
This arbitration provision shall be governed by the Federal Arbitration Act and applicable federal law.
21. Contact Us
If you have questions about this Privacy Policy or our privacy practices, you can contact us at:
FiglioTech, Inc.
Email: privacy@figliotech.com
Mailing Address:
830 A1A North, Suite 13-404
Ponte Vedra Beach, FL 32082