Terms of Service

1. ELIGIBILITY

You must be at least 13 years of age to use the App. If you are under 18, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf. By using the App, you represent and warrant that you meet these requirements.

2. ACCOUNT REGISTRATION

You may create an account using Google Sign-In or Sign in with Apple. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to provide accurate, current, and complete information and to notify us immediately of any unauthorized use of your account.

You may also optionally provide your email address without creating an account. If provided, your email is used solely to send product updates, feature announcements, and maintenance tips. You may remove your email at any time in the App's Settings.

3. DESCRIPTION OF SERVICE

Pop the Hood is a vehicle maintenance tracking application that allows users to:

• Log and track vehicle service records and maintenance schedules
• Store vehicle specifications, parts, fluids, and torque values
• Scan receipts using AI-powered optical character recognition
• Receive AI-assisted diagnostic suggestions, including Stoich, the AI Mechanic
• Access NHTSA recall information and VIN decoding
• Maintain shopping lists and to-do lists for vehicle maintenance
• Manage a parts and supplies inventory
• Back up data to cloud storage (Pro feature)
• Export PDF service reports, optionally including build sheet data (Pro feature)
• Anonymously contribute vehicle spec corrections to improve database accuracy

4. SUBSCRIPTIONS AND PAYMENTS

4.1 Free and Pro Tiers

The App offers both free and paid subscription tiers. Certain features are available only to Pro subscribers.

4.2 Subscription Plans

Pro subscriptions are available as monthly, yearly, or lifetime plans. Pricing is displayed in the App at the time of purchase.

4.3 Billing and Auto-Renewal

Monthly and yearly subscriptions automatically renew at the end of each billing period unless canceled at least 24 hours before the end of the current period. Your Apple App Store or Google Play Store account will be charged for renewal within 24 hours prior to the end of the current period.

4.4 Cancellation

You may cancel your subscription at any time through your Apple App Store or Google Play Store account settings. Cancellation takes effect at the end of the current billing period. No partial refunds are provided for unused portions of a subscription period.

4.5 Refunds

All purchases are processed through Apple or Google. Refund requests must be directed to Apple or Google in accordance with their respective refund policies. We do not process refunds directly.

4.6 Price Changes

We reserve the right to change subscription pricing at any time. Existing subscribers will be notified of price changes in advance and given the option to cancel before the new pricing takes effect.

5. AI-POWERED FEATURES — DISCLAIMER

5.1 No Professional Advice

The App's AI-powered features, including but not limited to diagnostic suggestions, receipt scanning, and maintenance recommendations, are provided for informational and convenience purposes only. They do NOT constitute professional automotive, mechanical, or financial advice.

5.2 Accuracy Not Guaranteed

AI-generated content may contain errors, inaccuracies, or omissions. Receipt scanning may misread values. Diagnostic suggestions may be incorrect or incomplete. You should always verify AI-generated information independently.

5.3 No Liability for AI Output

We expressly disclaim all liability for any actions taken or not taken based on AI-generated content within the App. You use AI features at your own risk.

5.4 Third-Party AI Services

AI features are powered by third-party services (Google Gemini). These services are subject to their own terms and privacy policies, and their availability is not guaranteed.

6. NHTSA RECALL DATA

Recall information is sourced from the National Highway Traffic Safety Administration (NHTSA) public API. We do not guarantee the completeness, accuracy, or timeliness of recall data. Always verify recalls directly with NHTSA or your vehicle manufacturer. Recall data is provided "as is" and we assume no responsibility for its accuracy.

7. USER DATA AND CONTENT

7.1 Your Data

You retain ownership of all data you enter into the App, including vehicle information, service records, photos, and receipts ("User Data").

7.2 License Grant

By using the App, you grant us a limited, non-exclusive license to store, process, and transmit your User Data solely for the purpose of providing and improving the App's services to you.

7.3 Cloud Backup

If you enable cloud backup (Pro feature), your User Data is stored on Supabase servers. While we implement reasonable security measures including row-level security policies, we cannot guarantee absolute security of data transmitted over the internet or stored electronically.

7.4 Data Loss

We are not responsible for any loss of User Data, whether stored locally on your device or in cloud backup. You are solely responsible for maintaining your own backups of important information.

7.5 Local Storage

Data stored locally on your device is subject to the limitations and risks of your device's storage. Uninstalling the App may permanently delete locally stored data.

7.6 Anonymous Spec Corrections

When you edit vehicle specifications, the App may anonymously send the difference between database defaults and your corrections to our servers. This data contains only vehicle make, model, year, trim, and spec values — no personal identifiers, device identifiers, or account data. You can disable this at any time in Settings under "Help Improve Spec Data." By using the App with this feature enabled, you grant us an irrevocable, perpetual license to use this anonymous, aggregated data to improve our services and vehicle database.

7.7 Email Communications

If you provide your email address, you consent to receiving product updates, feature announcements, and maintenance tips. You may withdraw consent at any time by removing your email in the App's Settings or by contacting us. We will not share your email address with third parties for marketing purposes.

8. VEHICLE SAFETY DISCLAIMER

8.1 Not a Substitute for Professional Service

The App is a record-keeping and informational tool only. It is NOT a substitute for professional automotive inspection, diagnosis, or repair by a qualified mechanic. Always consult a certified professional for vehicle safety concerns.

8.2 User Responsibility

You acknowledge and agree that:

• Vehicle maintenance and repair are inherently dangerous activities that can result in serious bodily injury, death, or property damage if performed incorrectly.
• You are solely responsible for ensuring that all maintenance and repairs are performed safely, correctly, and in accordance with your vehicle manufacturer's guidelines and applicable law.
• You must use proper safety equipment, tools, and procedures, including but not limited to jack stands, wheel chocks, eye protection, and appropriate personal protective equipment.
• You must never work under a vehicle supported only by a jack.
• You are responsible for verifying that all parts, fluids, torque specifications, and maintenance intervals displayed in the App are correct for your specific vehicle before use.

8.3 No Guarantee of Accuracy

Maintenance schedules, torque values, fluid specifications, parts information, and all other technical data displayed in the App—whether sourced from AI, third-party databases, user input, or any other source—may be incorrect, incomplete, outdated, or inapplicable to your specific vehicle, trim level, or model year. You MUST independently verify all technical data against your vehicle's owner's manual or with a qualified mechanic before performing any work.

8.4 Assumption of Risk

BY USING THE APP IN CONNECTION WITH ANY VEHICLE MAINTENANCE OR REPAIR, YOU EXPRESSLY ASSUME ALL RISKS OF PERSONAL INJURY, DEATH, AND PROPERTY DAMAGE ARISING FROM SUCH ACTIVITIES, REGARDLESS OF WHETHER YOU RELIED ON INFORMATION PROVIDED BY THE APP.

8.5 Release of Claims

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE AND FOREVER DISCHARGE APEX OPTIMAL AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS FROM ANY AND ALL CLAIMS, DAMAGES, OR CAUSES OF ACTION ARISING FROM OR RELATED TO PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE RESULTING FROM VEHICLE MAINTENANCE OR REPAIR ACTIVITIES UNDERTAKEN IN CONNECTION WITH YOUR USE OF THE APP.

9. ACCEPTABLE USE

You agree not to:

• Use the App for any unlawful purpose
• Attempt to reverse engineer, decompile, or disassemble the App
• Interfere with or disrupt the App's servers, networks, or infrastructure
• Circumvent any access controls, rate limits, or security features
• Use automated scripts, bots, or scrapers to access the App
• Impersonate any person or entity
• Upload malicious content, viruses, or harmful code
• Resell, sublicense, or redistribute the App or its features
• Use the App in any manner that could damage, disable, or impair its functionality

10. INTELLECTUAL PROPERTY

10.1 Our Property

The App, including its design, code, graphics, logos, and all content provided by us, is owned by Apex Optimal and protected by intellectual property laws. Nothing in these Terms grants you any right to use our trademarks, logos, or branding.

10.2 Feedback

If you provide feedback, suggestions, or ideas about the App, you grant us an unrestricted, perpetual, irrevocable, royalty-free license to use such feedback for any purpose without obligation to you.

11. THIRD-PARTY SERVICES

The App integrates with third-party services including but not limited to Google Gemini (AI), NHTSA (recalls), Supabase (cloud storage and email subscriber storage), RevenueCat (subscriptions), Sentry (error and crash reporting), Apple (authentication), and Google (authentication). Your use of these services is subject to their respective terms and privacy policies. We are not responsible for the availability, accuracy, or conduct of any third-party service.

12. DISCLAIMER OF WARRANTIES

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THE ACCURACY OF ANY VEHICLE SPECIFICATIONS, MAINTENANCE SCHEDULES, TORQUE VALUES, FLUID RECOMMENDATIONS, OR OTHER TECHNICAL DATA PROVIDED THROUGH THE APP. YOU ACKNOWLEDGE THAT VEHICLE MAINTENANCE AND REPAIR INVOLVES INHERENT RISKS AND THAT YOU ARE SOLELY RESPONSIBLE FOR ALL MAINTENANCE AND REPAIR DECISIONS.

13. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL APEX OPTIMAL, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of data, revenue, profits, or business
• Vehicle damage, personal injury, or property damage arising from reliance on App content
• Costs of substitute services
• Damages arising from unauthorized access to or alteration of your data

Our total aggregate liability for all claims arising from or related to these Terms or the App shall not exceed the greater of (A) the amount you paid to us in the twelve (12) months preceding the claim, or (B) fifty U.S. dollars ($50.00).

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

14. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Apex Optimal and its officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to: (a) your use of the App; (b) your violation of these Terms; (c) your violation of any third-party rights; or (d) any actions taken based on information provided by the App, including but not limited to vehicle maintenance, repair, or diagnostic decisions.

15. TERMINATION

15.1 By You

You may stop using the App and delete your account at any time.

15.2 By Us

We may suspend or terminate your access to the App at any time, with or without cause, with or without notice. Reasons for termination may include, but are not limited to, violation of these Terms, abusive behavior, or fraudulent activity.

15.3 Effect of Termination

Upon termination, your right to use the App ceases immediately. We may delete your account data, including cloud backups, after termination. Sections 5, 7.2, 7.6, 8, 10, 12, 13, 14, 16, and 17 survive termination.

16. GOVERNING LAW AND DISPUTE RESOLUTION

16.1 Governing Law

These Terms are governed by the laws of the State of Wisconsin, United States, without regard to conflict of law principles.

16.2 Informal Resolution

Before filing any formal dispute, you agree to first contact us at hello@apexoptimal.dev to attempt to resolve the dispute informally. We will attempt to resolve the dispute within 30 days.

16.3 Binding Arbitration

If informal resolution fails, any dispute arising from these Terms or the App shall be resolved by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. Arbitration shall take place in Wisconsin or remotely at your election. The arbitrator's decision shall be final and binding.

16.4 Class Action Waiver

YOU AND APEX OPTIMAL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

16.5 Small Claims Exception

Notwithstanding the above, either party may bring an individual action in small claims court for disputes within that court's jurisdiction.

17. GENERAL PROVISIONS

17.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Apex Optimal regarding the App.

17.2 Severability

If any provision of these Terms is held to be invalid or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

17.3 Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

17.4 Assignment

You may not assign or transfer these Terms or your rights hereunder. We may assign these Terms without restriction.

17.5 Modifications

We reserve the right to modify these Terms at any time. Material changes will be communicated through the App or via email. Your continued use of the App after changes take effect constitutes acceptance of the modified Terms.

17.6 Force Majeure

We shall not be liable for any failure or delay in performance due to causes beyond our reasonable control, including but not limited to natural disasters, acts of government, internet or infrastructure failures, or third-party service outages.

18. CONTACT

For questions about these Terms, contact us at:

Apex Optimal
Email: hello@apexoptimal.dev
Website: https://apexoptimal.dev