01 Acceptance of these Terms
By creating an account, installing TORQ, or otherwise using the Services, you confirm that
you have read, understood, and agreed to be bound by these Terms and our
Privacy Policy, which is incorporated by reference. If you do not
agree, do not install or use the Services. You may be asked to affirmatively accept these
Terms during onboarding.
02 Eligibility
You may use the Services only if all of the following are true:
- You are at least seventeen (17) years of age, or the age of legal majority in your jurisdiction, whichever is greater.
- You have the legal capacity to enter into a binding contract with BrilliantZero.
- You hold a valid driver’s license or learner’s permit in your jurisdiction, or you do not intend to use the Services while operating a motor vehicle.
- You have not previously been suspended, terminated, or banned from the Services.
- You are not prohibited from using the Services under applicable law (including export and sanctions rules).
03 The Services
TORQ is a social driving app. It uses sensors on your mobile device — including GPS — to
record and present information about your drives (route, distance, duration, and related
stats), and lets you build a digital garage, follow friends, view rankings and achievements,
and share cards. Features may include manual start/end recording and optional automatic
drive detection depending on your settings and permissions.
We may add, remove, modify, or replace features at any time. We will use reasonable efforts
to avoid unnecessary disruption, but we do not promise that any particular feature will remain available.
04 Your account
To use most features, you must create an account using a supported sign-in method (for example
email, Sign in with Apple, or Google). You agree to provide accurate information and keep it
current. You are responsible for all activity under your account and for safeguarding your
sign-in methods. Usernames must be unique; we may reclaim or reset usernames to address
impersonation, trademark issues, or extended inactivity. You may not maintain more than one
personal account or share your account with another person.
05 Acceptable use
You agree that you will not, and will not attempt to or assist any third party to:
- Use TORQ to race, time, or compete against other drivers on public roads, or to set or break personal speed records on public roads.
- Use TORQ in any manner that violates traffic laws, distracted-driving laws, or any other applicable law.
- Interact with the app screen while operating a motor vehicle in motion.
- Harass, abuse, threaten, defame, dox, stalk, or otherwise harm another TORQ user or any other person.
- Impersonate any person, misrepresent your affiliation, or register an account on behalf of someone else without authorization.
- Reverse engineer, decompile, disassemble, or otherwise probe the Services except where applicable law expressly permits.
- Use bots, scrapers, or other automated means to access TORQ, or extract data other than for personal review of your own account.
- Resell, sublicense, lease, or commercially exploit TORQ or data obtained from TORQ without our prior written consent.
- Upload content that infringes intellectual property rights, depicts unlawful conduct, or violates privacy or publicity rights.
- Interfere with, disrupt, or attempt unauthorized access to the Services or related systems.
We may suspend, restrict, or terminate your account or access, with or without notice, if we
determine in good faith that you have violated these Terms or applicable law, or to protect
TORQ, our users, or third parties.
06 Safe driving
TORQ is not a racing app. Do not use TORQ in a way that encourages
dangerous driving, street racing, or breaking traffic laws. Never interact with your phone
while driving — pull over first. You are solely responsible for how you drive.
We do not design features that reward dangerous street speed. There is no “fastest nearby,”
live street racing, or public speed leaderboard for open roads. Performance records are
personal unless a future closed-course or expressly disclosed context applies.
07 User content and license
“User Content” means data, photographs, vehicle information, drive recordings, route data,
comments, usernames, profile information, and other materials you submit to, generate within,
or upload to the Services.
You retain ownership of your User Content and are responsible for it. You represent that you
have all rights needed to grant the licenses below and that your User Content does not
infringe third-party rights.
You grant BrilliantZero a worldwide, non-exclusive, royalty-free, sublicensable license to
host, store, reproduce, display, adapt, and otherwise use your User Content to operate,
secure, and improve the Services; conduct internal analytics and product development on
aggregated or de-identified data; and promote TORQ in de-identified or aggregated form, or
in identifiable form only with your additional consent. This license exists so we can run
TORQ for you. As stated in our Privacy Policy, we do not sell your data.
08 Drive and vehicle data
Drive data — including route, distance, duration, derived metrics, and vehicle associations —
is subject to the license in Section 7 and handled as described in our Privacy Policy. We use
that data to operate and improve TORQ. We do not sell drive or vehicle data.
09 Intellectual property
The Services, including software, interfaces, designs, logos, trademarks, text, graphics,
and the selection and arrangement thereof (the “TORQ Materials”), are owned by BrilliantZero
or its licensors and protected by intellectual property laws. Subject to these Terms, we
grant you a limited, personal, non-exclusive, non-transferable, revocable license to access
and use the Services for your personal, non-commercial use. All rights not expressly granted
are reserved.
10 Third-party services
TORQ relies on third-party platforms and services, including Apple iOS and Apple services,
Google sign-in (where used), Supabase, PostHog, and Sentry. Your use of those services is
governed by their own terms and privacy policies. We are not responsible for the acts or
omissions of those third parties.
11 Apple-specific terms
The following terms apply to your use of TORQ as distributed through the Apple App Store.
In the event of conflict with Apple’s Licensed Application End User License Agreement, the
more restrictive terms apply with respect to App Store distribution.
- Acknowledgement. These Terms are between you and BrilliantZero only, not Apple Inc. (“Apple”). Apple is not responsible for TORQ or its content.
- Scope of license. The license in Section 9 is limited to use on Apple-branded products you own or control, as permitted by Apple’s Usage Rules, including Family Sharing where applicable.
- Maintenance and support. BrilliantZero, not Apple, is solely responsible for maintenance and support. Apple has no obligation to furnish maintenance or support for TORQ.
- Warranty. BrilliantZero, not Apple, is solely responsible for any product warranties to the extent not disclaimed. If TORQ fails to conform to an applicable warranty, you may notify Apple, and Apple may refund the purchase price (if any). To the maximum extent permitted by law, Apple has no other warranty obligation with respect to TORQ.
- Product claims. BrilliantZero, not Apple, is responsible for addressing claims relating to TORQ, including product liability, regulatory conformity, and consumer-protection claims.
- Intellectual property. In the event of a third-party IP claim relating to TORQ, BrilliantZero, not Apple, is solely responsible for investigation, defense, settlement, and discharge.
- Legal compliance. You represent that you are not located in a country subject to a US government embargo or designated as a “terrorist supporting” country, and that you are not on any US government list of prohibited or restricted parties.
- Third-party beneficiary. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms and may enforce them against you upon your acceptance.
12 Subscriptions and payments
TORQ may be offered free of charge, with optional paid features (such as TORQ Pro) in the
future. If we introduce paid features, subscriptions, or in-app purchases, additional terms
(including pricing, billing, renewal, and cancellation) will be presented at the point of
purchase and incorporated into these Terms upon acceptance. Purchases made through the App
Store are also subject to Apple’s payment and refund rules.
13 Termination
You may terminate these Terms at any time by deleting your account in the app or contacting
support. BrilliantZero may terminate or suspend your account or access at any time, with or
without cause and with or without notice, including if we believe you have violated these
Terms or that termination is necessary to protect TORQ, our users, or third parties.
Upon termination, your license to use the Services ends immediately. Provisions that by their
nature should survive (including licenses already granted for aggregated/de-identified data,
IP, disclaimers, limitation of liability, indemnification, and disputes) will survive.
Retention and deletion are governed by the Privacy Policy.
14 Disclaimer of warranties
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EXPRESS,
IMPLIED, OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BRILLIANTZERO AND ITS
LICENSORS DISCLAIM ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE, AND NON-INFRINGEMENT.
Without limiting the foregoing, we do not warrant that TORQ will be uninterrupted, secure,
or error-free; that drive detection, routes, distance, speed, rankings, or generated media
will be accurate or reliable; or that TORQ will meet your expectations. Measurements are
estimates based on device signals and are not certified for official, legal, evidentiary, or
competitive purposes.
15 Not a safety, navigation, or driver-assistance system
TORQ IS NOT A DRIVER-ASSISTANCE, COLLISION-AVOIDANCE, NAVIGATION, ROUTING, SPEED-MANAGEMENT,
FLEET-MANAGEMENT, INSURANCE-TELEMATICS, OR SAFETY SYSTEM. TORQ DOES NOT MAKE DRIVING
DECISIONS, ISSUE REAL-TIME SAFETY WARNINGS, OR INTERVENE IN VEHICLE OPERATION. TORQ IS A
DRIVE-TRACKING AND SOCIAL PRODUCT INTENDED FOR REVIEW OF DRIVES AND RELATED STATS.
BrilliantZero has no duty to detect, predict, prevent, warn about, or report unsafe driving
by you or any other user. Features that present records, rankings, or achievements are not
an encouragement to drive unsafely on public roads.
16 Assumption of risk
OPERATING A MOTOR VEHICLE IS INHERENTLY DANGEROUS. BY USING THE SERVICES, YOU ACKNOWLEDGE
THAT YOU ASSUME ALL RISK ARISING FROM YOUR OPERATION OF A MOTOR VEHICLE WHILE TORQ IS
INSTALLED OR IN USE, INCLUDING RISK OF INJURY, DEATH, PROPERTY DAMAGE, CITATIONS, AND RELATED
CLAIMS. You agree not to use TORQ features to compete or drive unlawfully on public roads.
17 Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BRILLIANTZERO AND ITS AFFILIATES, OFFICERS,
DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, OR GOODWILL,
ARISING OUT OF THESE TERMS OR THE SERVICES, WHETHER BASED IN CONTRACT, TORT (INCLUDING
NEGLIGENCE), OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF
OR RELATED TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED US
DOLLARS (USD $100) OR (B) THE TOTAL AMOUNTS YOU PAID TO BRILLIANTZERO FOR TORQ IN THE TWELVE
(12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
Some jurisdictions do not allow certain limitations. Where limitations are not permitted, they
apply only to the extent allowed by law. These limitations are an essential basis of the bargain.
18 Indemnification
You agree to defend, indemnify, and hold harmless BrilliantZero and its officers, directors,
employees, and agents from claims and expenses (including reasonable attorneys’ fees) arising
out of or related to: (a) your use or misuse of the Services; (b) your violation of these Terms
or applicable law; (c) your User Content; (d) your operation of a motor vehicle; or (e) your
violation of any third party’s rights. We may assume exclusive defense of any matter subject to
indemnification, and you will cooperate. You may not settle such a claim without our prior written consent.
19 Disputes and governing law
Before filing a formal claim, you agree to first attempt to resolve any dispute informally by
emailing
torqdrive.app@gmail.com
with your name, a description of the dispute, and the relief you seek. The parties will attempt
good-faith resolution for thirty (30) days.
These Terms and any dispute arising out of them are governed by the laws of India, without regard
to conflict-of-laws principles. Subject to applicable consumer-protection rights that cannot be
waived, the courts in India shall have exclusive jurisdiction, and you consent to that venue.
To the maximum extent permitted by law, any claim must be brought in an individual capacity and
not as a class or representative action. Where class waivers are unenforceable, that portion is
severed and the remainder continues in effect.
20 General
- Entire agreement. These Terms and the Privacy Policy are the entire agreement regarding the Services and supersede prior understandings.
- Severability. If any provision is held invalid, it will be enforced to the maximum extent permissible and the rest will remain in effect.
- No waiver. Failure to enforce a provision is not a waiver of the right to do so later.
- Assignment. You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition, financing, reorganization, or sale of assets.
- Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control.
- Notices. We may notify you through the Services or by email. You must send notices to the contact below.
21 Changes to these Terms
We may revise these Terms from time to time. When we make material changes, we will update the
“Last updated” date and provide reasonable notice. Continued use after the effective date
constitutes acceptance, except where additional consent is required by law.
22 Contact
Questions about these Terms:
torqdrive.app@gmail.com
BrilliantZero Technologies Private Limited
23 Related policies
See our Privacy Policy for how we handle data, and
Support for help.