PLEASE READ THESE OPTIWAY TERMS OF USE CAREFULLY. BY USING THE MOBILE APPLICATION (THE "APP") AND/OR THE WEBSITE (THE "WEBSITE"), YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE, OR YOU DO NOT HAVE AUTHORITY TO ACCEPT, DO NOT USE THE SERVICES.
By using our App, you also accept Apple's terms and conditions available at Apple's Legal Terms.
General Provisions
These Terms of Use ("Terms") are set by Optiway at its discretion. The other party ("User", "you", "your") accepts these Terms in full to use the App and/or the Website. You may contact support@optiway-app.com to suggest changes; however, individual negotiations do not amend these Terms unless we expressly agree in writing.
These Terms govern how you use the App and/or the Website, how you access features, and how we provide services on the App and/or the Website (collectively, the "Services"), including without limitation:
- the App with route-planning functionality for multi-stop routes;
- the Website providing general information about the App; and
- any other content or features we add at our discretion.
Users must not use the App and/or the Website for any unlawful purpose or in violation of any laws, including those in their jurisdiction. We make no representation that the App and/or the Website is available or appropriate in other locations. Access may not be legal by certain persons or in certain countries; you access at your own initiative and are responsible for compliance with local laws.
The entire agreement ("Agreement") between you and Optiway regarding the Services consists of these Terms and our Privacy Policy ("Policy"). You must read both before using the Services. By accepting the Terms, you are deemed to have read and acknowledged the Privacy Policy.
Where the GDPR applies, processing personal data of individuals under 16 (or the lower local threshold between 13–16) requires verifiable parental consent. If you are a minor under applicable law (typically under 18), you must have your parent or legal guardian read and accept these Terms before using the App and/or the Website.
Each party may be referred to individually as a "Party" or collectively as the "Parties".
Who We Are and How to Contact Us
Who we are. These Terms are between you and Optiway ("we", "us").
How to contact us. Email: support@optiway-app.com.
How we contact you. We may contact you regarding your account or service-related matters at the email associated with your account.
We will supply updates, including security updates, necessary to keep the App in conformity for a period you may reasonably expect.
Agreement to the Terms
Your acceptance is given by any of the following final actions intended to obtain the Services, such as:
- signing up via the App;
- continuing to use the App and/or the Website after being presented with these Terms; or
- engaging in additional communications through the App and/or the Website.
Modifications to the App/Website and These Terms
We may update these Terms and modify, suspend, or discontinue features at any time by publishing the revised Terms in the App and/or on the Website. Unless required otherwise by applicable law, changes take effect upon publication. Your continued use after publication constitutes acceptance of the updated Terms. We do not undertake to send individual notices of changes; please review this page periodically.
Price changes for existing subscribers are handled under Apple App Store rules. You will see any revised price before purchase or renewal in the App Store flow. Non-material product changes may be made without notice.
We may occasionally limit access to the App and/or the Website to perform maintenance and updates. We disclaim liability for disruptions caused by third-party data centers, networks, or other issues outside our reasonable control.
Access to the App
You can access the App via the Apple App Store. You are solely responsible for the information you provide and for ensuring its accuracy. We may restrict or suspend access if we detect misuse or violations. If you believe your access was suspended or terminated in error, email support@optiway-app.com.
All information in the App is general and informational. Route and ETA outputs are advisory only and depend on external factors (traffic, road works, signage, weather). You are responsible for choosing routes and complying with local laws and road signs. Do not interact with the App while driving; use hands-free or stop safely.
User Content
Ownership. You retain all rights to content you add (including stops, labels, notes, photos, and documents).
License to Optiway. You grant Optiway a worldwide, non-exclusive, royalty-free license to host, process, transmit, and display your User Content solely to provide and improve the Services (including security, fraud prevention, analytics, and performance). We do not sell your User Content.
Your responsibility. You are responsible for your User Content and for securing all permissions needed to upload it.
Termination and Suspension
We may suspend or terminate your access only for cause, including: (a) material breach of these Terms; (b) illegal, fraudulent, or harmful use; (c) security risk to the Services or others; (d) requests by competent authorities; or (e) repeated misuse that materially impairs other users' experience.
Notice. Where lawful and practicable, we will notify you (e.g., by email or in-app) before suspension or termination and will describe the reason and how to appeal at support@optiway-app.com.
Effect. Termination does not affect rights or obligations that by their nature survive (e.g., Intellectual Property, Limitation of Liability, Governing Law). App Store subscriptions are managed by Apple; cancellation and refunds are handled under Apple's rules.
Account Deletion and Data
Deletion. You can request account deletion from within the App (where available) or by emailing support@optiway-app.com from the address linked to your account.
Subscriptions. Deleting your account does not automatically cancel an Apple subscription; manage it via your Apple ID settings (see "Prices and Methods of Payment").
Data handling. We delete or anonymize your personal data in line with our Privacy Policy, retaining only what is required by law (e.g., transaction records).
Data export. You may request a machine-readable export of your basic account data by contacting support@optiway-app.com.
Prices and Methods of Payment
We may offer Weekly, Monthly, Semi-Annual (6-month), and Annual subscriptions ("Subscription"). Availability and pricing vary by region and time. You will always see the final price (including applicable taxes) before you start a trial, make a purchase, or renew in the App Store flow.
We may offer a free trial period ("Trial Period"), which may vary by region. You will see the final trial term before starting it. The Trial Period duration may change for users who have not started a trial; for ongoing trials, the duration remains unchanged.
Payments and management are handled by the Apple App Store; we do not accept direct payments. Charges are billed to your Apple ID/iTunes account after purchase or at the end of the Trial Period; final price and taxes are shown before you pay.
Auto-Renewal (Apple)
Subscriptions renew automatically unless cancelled at least 24 hours before the end of the current period. Your account will be charged for renewal within 24 hours prior to the end of the current period. You can manage and cancel subscriptions in Settings → [Your Name] → Subscriptions after purchase. Any unused portion of a free trial is forfeited when you purchase a subscription.
Prices & Taxes
Prices shown in the App Store include applicable taxes/fees as displayed by Apple at checkout.
Right of Withdrawal (EU/EEA Consumers)
You have 14 days to withdraw from your purchase without giving any reason. For purchases made via the Apple App Store, withdrawal and refunds are handled exclusively through Apple's systems and policies. If you request immediate access to the digital content/services before the 14-day period ends and acknowledge that you lose the right of withdrawal once performance begins, you will no longer be entitled to withdraw.
Conformity & Remedies (EU/EEA)
We provide the App and digital services in conformity with the contract and keep them reasonably up to date. If the service is non-conforming, you are entitled to have it brought into conformity within a reasonable time and without significant inconvenience. If this is impossible or not done, you may be entitled to a price reduction or to terminate the contract, in line with applicable law. Contact: support@optiway-app.com.
Intellectual Property
Optiway owns all rights in and to the App, the Website, and associated content and materials, including without limitation software, databases, text, images, video, audio, selection and arrangement, trademarks, methods, and processes ("Intellectual Property"). All rights reserved.
Unauthorized use, copying, imitation, or deceptive use of the App, the Website, or their content is prohibited. If you wish to use any content beyond what is permitted by law or these Terms, email support@optiway-app.com for consent.
Privacy Policy
We collect and process personal data as described in our Privacy Policy. For details on cookies and similar technologies, see the Privacy Policy. Where required, we will request your consent to non-essential cookies.
Confidential Information
Definition. "Confidential Information" means non-public information disclosed by one Party to the other that is marked or reasonably understood to be confidential (e.g., security information, non-public business plans, partner information). Personal data is handled under the Privacy Policy.
Exclusions. Confidential Information does not include information that is (a) publicly available without breach; (b) independently developed without use of the other Party's information; or (c) rightfully received from a third party without a duty of confidentiality.
Obligations. Each Party will use the other Party's Confidential Information only to operate or improve the Services and will protect it using reasonable measures. You must keep your login credentials confidential; we will never ask for your password.
Compelled disclosure. A Party may disclose Confidential Information if required by law, with reasonable notice to the other Party where lawful.
Third-Party Services
The Services may interoperate with or link to third-party services (e.g., hosting providers, maps, analytics). Those services are not under our control and are governed by their own terms and privacy policies. We are not responsible for their content or practices. A high-level description of processors is provided in our Privacy Policy; you can request a current list of key processors at support@optiway-app.com.
Limitation of Liability
Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law.
To the maximum extent permitted by law: (a) the Services are provided "as is"; (b) we exclude implied warranties of merchantability, fitness for a particular purpose, and non-infringement; and (c) we are not liable for any indirect, incidental, special, consequential, or punitive damages, or loss of profits, revenue, data, goodwill, or business interruption.
Subject to the foregoing, our aggregate liability for all claims relating to the Services in any 12-month period is limited to the greater of (i) the amounts you paid (if any) for the Services during that period; or (ii) USD 50. Consumer rights under mandatory law remain unaffected.
Disclaimer
The Website provides general information and is intended to be informative. Although we consider our sources reliable, information is subject to change and may not always be up to date.
You use the App and/or the Website at your own risk. Routes and other outputs are advisory only and depend on external factors (e.g., traffic, road works, signage). Always follow road signs and applicable laws. We do not warrant uninterrupted or error-free operation, but we will use reasonable care and skill in providing the Services. Consumer rights under mandatory law remain unaffected.
Service Availability and Updates
Availability. The Services may be unavailable from time to time due to planned maintenance or unplanned outages. We will use reasonable efforts to minimize disruption.
Updates. We provide updates, including security updates, necessary to keep the App in conformity for a period you may reasonably expect, taking into account the nature of the App and your subscription term.
Prohibited Activities
You agree not to:
- ✅ retrieve information or content to create a database or directory without our prior written consent;
- ✅ collect user emails or send unsolicited emails via the Services;
- ✅ circumvent, disable, or tamper with security or usage restrictions;
- ✅ use the Services for unauthorized framing or linking;
- ✅ use automated means (bots, scrapers, data mining) except for standard search engine or browser usage;
- ✅ interfere with, disrupt, or overload the Services or related networks;
- ✅ decipher, decompile, disassemble, or reverse engineer software on or connected to the Services;
- ✅ attempt to bypass any access restrictions;
- ✅ remove copyright or proprietary notices;
- ✅ upload or transmit viruses, malware, or mechanisms for passive/active information collection beyond permitted cookies;
- ✅ launch or distribute unauthorized scripts or software;
- ✅ damage, tarnish, or impair Optiway or the Services; or
- ✅ use the Services in violation of applicable laws or regulations.
Applicable Law & Jurisdiction
Applicable Law. These Terms are governed by the laws of Poland.
Consumers (EU/EEA). If you are a consumer, you may bring proceedings in the courts of your country of residence. Non-exclusive jurisdiction applies.
Business Users. For users acting for business purposes, the exclusive jurisdiction is the competent courts of Warsaw, Poland, unless mandatory law provides otherwise.
Complaints. We handle complaints via support@optiway-app.com and aim to respond as soon as reasonably possible.
If any provision is found unenforceable, it will be modified only to the extent necessary so that the remaining provisions remain in full force and effect.
Additional Terms
Transactions and electronic communications. Using the App and/or the Website, emailing us, and filling out online forms are electronic communications. You agree that agreements, notices, disclosures, and other communications we send electronically (via email or in-app) satisfy any legal requirement that such communications be in writing. You agree to the use of electronic signatures, contracts, orders, and records. You may withdraw consent by contacting support@optiway-app.com, understanding this may affect your ability to use the Services.
Miscellaneous. Headings are for convenience only. Each Party certifies it has authority to enter into this Agreement.
Indemnification. You agree to defend, indemnify, and hold us harmless (including our affiliates and their officers, agents, partners, and employees) from and against any third-party claims, losses, or costs (including reasonable attorneys' fees) arising from: (a) your use of the Services; (b) your violation of these Terms; or (c) your infringement of third-party rights. We may assume exclusive defense and control of any matter subject to indemnification; you will cooperate at your expense.
To the maximum extent permitted by law, these Terms apply as written. We may assign any or all rights and obligations at any time. We are not liable for delays or failures caused by events beyond our reasonable control (force majeure).
These Terms do not create any joint venture, partnership, employment, or agency relationship. These Terms shall not be construed against a Party by reason of authorship.
Changes to Terms. We may update these Terms by posting a new version here; continued use means acceptance.
Language. If a translation differs, the English version controls.
Service Provider
The services are provided by the entity identified in our Imprint.
Feedback
For questions about the App and/or the Website, email support@optiway-app.com. By contacting us, you confirm you have the legal capacity and authority to communicate with Optiway.