1. Agreement
These terms are an agreement between you and Adorian Ovidiu, the developer of TopAware (“TopAware”, “we”, “us”). They cover the TopAware iOS app, including CarPlay, and this website. By using TopAware you agree to them. If you don’t agree, please don’t use the app.
Our Privacy Policy explains how we handle your data.
2. TopAware is an aid, not a guarantee
TopAware gives advisory warnings about low bridges, tunnels, garages and other height-restricted places. It compares the loaded height you enter with clearance data and warns you when the margin looks tight.
- It doesn’t control your vehicle and can’t see the road.
- It can miss a hazard, for example when a zone is missing from the map, the data is wrong, GPS is inaccurate, your phone is low on battery or location access is turned off.
- No alert, or a result that says your rig fits, is never a promise that you will fit.
- Road signs, barriers, height markings and instructions from the authorities always take priority over anything TopAware shows.
3. The driver stays responsible
You are responsible for your vehicle and how you drive it. In particular, you are responsible for:
- knowing your vehicle’s true height with everything on it, and keeping your rigs in TopAware up to date;
- checking the signed clearance at every structure before you drive under it;
- driving safely and following traffic law;
- not handling your phone while driving. Set TopAware up before you set off and use CarPlay or hands-free features on the road.
4. Zone data is crowd-sourced and may be wrong
Clearance heights and locations are added, confirmed and reported by other drivers. They can be mismeasured, out of date, in the wrong place, incomplete or missing. Structures get rebuilt, roads get resurfaced and signs change.
Labels such as Verified and Unverified show how many drivers have confirmed a zone. They don’t mean we have checked it. We don’t survey structures and we can’t guarantee that any zone data is accurate.
5. Your account
You can use TopAware without signing in. When you first contribute, the app creates an anonymous account. You can choose to sign in with email, Apple or Google. Keep your sign-in details safe, as you are responsible for activity on your account.
You can delete your account at any time in the app under Settings › Account. The Privacy Policy explains what is deleted and what stays as shared safety data.
6. Your contributions
When you add, edit, confirm or report a zone, you confirm that the information is accurate to the best of your knowledge and that you collected it safely, never while driving.
You keep any rights you have in your contributions. You give us a worldwide, royalty-free, perpetual licence to store, display, adapt, combine and share them as part of TopAware’s zone data. This licence continues after you delete your account, because other drivers rely on that data.
We may edit, mark as disputed or remove any contribution, for example if it looks wrong, duplicated or abusive. Votes from contributors whose data proves reliable may carry more weight.
7. Acceptable use
Please don’t:
- add false or misleading zones, votes or reports, or try to manipulate trust or reputation;
- use the app to harass anyone or post offensive content in zone names or notes;
- scrape, copy in bulk or resell zone data, or interfere with our servers or security rules;
- reverse engineer the app, except where the law allows it.
We may suspend or close accounts that break these rules.
8. Pro, purchases and tips
Safety warnings are free and are never behind a paywall. TopAware Pro adds extras such as unlimited zone additions, an adjustable alert distance and unlimited vehicle height lookups. Features may change over time.
All purchases are made through Apple’s App Store and charged to your Apple ID:
- Pro Monthly: an auto-renewing subscription, renewed every month.
- Pro Yearly: an auto-renewing subscription, renewed every year. New subscribers get a 1-week free trial.
- Pro Lifetime: a one-time purchase that unlocks Pro with no renewal.
- Tips: optional one-time tips, plus an optional monthly tip that is an auto-renewing subscription. Tips are a thank-you and unlock nothing.
The app shows the price in your local currency before you confirm. Prices can vary by country and may change. A price change for an existing subscription follows Apple’s rules, including any notice or consent Apple requires.
Whether you have Pro is decided by Apple’s StoreKit. If a purchase is refunded or a subscription ends, Pro switches off. To restore Pro on a new device, open Settings › TopAware Pro › Restore purchases in TopAware.
9. Auto-renewing subscriptions
- Subscriptions: Pro Monthly (1 month), Pro Yearly (1 year) and the monthly tip (1 month). The price of each is shown in the app before you buy.
- Payment is charged to your Apple ID when you confirm the purchase, or when a free trial ends.
- Automatic renewal: your subscription renews automatically unless you turn off auto-renew at least 24 hours before the end of the current period.
- Renewal charge: your Apple ID is charged for the next period within 24 hours before the current period ends, at the then-current price.
- Managing and cancelling: manage or cancel at any time in your iPhone’s Settings › [your name] › Subscriptions, or from Settings › TopAware Pro › Manage subscription in TopAware. Cancelling stops the next renewal. You keep access until the end of the period you’ve paid for.
- Free trial: the 1-week free trial on Pro Yearly is for new subscribers and is offered only if Apple says your Apple ID is eligible. If you don’t cancel at least 24 hours before the trial ends, the yearly subscription starts and you are charged. Any unused part of a free trial is forfeited when you buy a subscription.
- Refunds are handled by Apple under its policies at reportaproblem.apple.com. Deleting the app or your TopAware account doesn’t cancel a subscription.
10. Apple
If you got TopAware from the App Store:
- These terms are between you and us, not Apple. Apple isn’t responsible for TopAware or its content.
- Your licence to use the app is personal, non-transferable and limited to Apple devices that you own or control, as allowed by the App Store’s Usage Rules.
- Apple has no obligation to provide maintenance or support for TopAware. Contact us instead.
- If the app fails to meet an applicable warranty, you can tell Apple and Apple may refund the purchase price. To the extent the law allows, Apple has no other warranty obligation for the app.
- We, not Apple, are responsible for handling claims about the app, including product liability, failure to meet legal or regulatory requirements, consumer protection, privacy and intellectual property claims.
- You confirm that you are not in a country subject to a US government embargo or designated as “terrorist supporting”, and that you are not on any US government list of prohibited or restricted parties.
- Apple and its subsidiaries are third-party beneficiaries of these terms and may enforce them against you.
11. Disclaimers and liability
TopAware is provided “as is” and “as available”. To the extent the law allows, we make no promise that the app or its data will be accurate, complete, uninterrupted or error-free.
To the extent the law allows, we aren’t liable for collisions, damage to your vehicle, cargo or structures, injuries, fines, delays or other losses that result from using or relying on TopAware or its zone data. Where liability can’t be excluded, it is limited to the amount you paid for TopAware in the 12 months before the claim.
Nothing in these terms limits liability that can’t be limited by law, such as for death or personal injury caused by negligence or for fraud, or takes away your rights as a consumer under the law where you live.
12. General
Changes to the app and these terms
We may change or stop features, and we may update these terms. We’ll change the date at the top, and for significant changes we’ll tell you in the app before they take effect. If you keep using TopAware after that, the new terms apply.
Ending use
You can stop using TopAware and delete your account at any time. We may suspend or end your access if you seriously or repeatedly break these terms.
Governing law
These terms are governed by the law of the country where the developer is established. If you are a consumer, you also keep the protection of the mandatory laws of the country where you live and can bring claims in its courts.
Contact
Questions about these terms? Email hello@topaware.app.
TopAware