Terms of Service

Effective September 26, 2026

These Terms of Service (“Terms”) are an agreement between you and Kalabunga DashCam, LLC (“we”, “us”) for your use of New DashCam App (the “App”). You accept these Terms and our Privacy Policy when you tap “Agree and Continue” in the App, create an account, or use the App. If you don't agree, don't use the App.

1. Who can use the App

You must be at least 18 years old, hold a valid driver's license where required, and be legally able to agree to these Terms. The App is not intended for anyone under 18. You are responsible for your account, for everything done with it, and for keeping access to your email secure, since sign-in codes are sent there.

2. What the App does, and doesn't do

• The App turns your phone into a dash cam. It records video (and audio if you enable it) as a series of clips, stores them in your Vault grouped by drive, and offers optional features: crash detection, accident reports (including a Report accident button), Auto-SOS, an SOS button, speed and GPS coordinates stamped on the video, a map with routes, Screen Off, Parking Mode, and Driver Mode with an optional passenger notice.
• The App is not an emergency service. Crash detection and Auto-SOS rely on phone sensors and may miss an accident or trigger when there isn't one. Auto-SOS never calls anyone automatically, and it picks the emergency number from your phone's region, which may be wrong when you travel (you can change it in Settings). Always call emergency services yourself when needed.
• Recording may stop or fail. Examples: when you switch to another app, take a call, run out of storage or battery, the phone overheats, or the operating system limits camera use. We don't guarantee that any event will be recorded.
• Location and G-force come from your phone's sensors and may be inaccurate, delayed or unavailable.
• The App records only while it is open on screen. iPhone and Android stop an app's camera when another app is in front or the phone is locked; recording resumes when you return. Android split-screen is the exception where supported.
• Safety notice. Each time the App starts it reminds you not to use it while driving. Acknowledging it does not change your responsibilities under these Terms.

• Accident reports are a tool for organizing information you and the App's sensors provide. We don't verify their contents. They are not legal or insurance advice, and don't guarantee any claim outcome. The video “fingerprint” (SHA-256) in a report shows whether a file has changed since it was recorded; it does not prove what the video shows, when it was recorded, or who recorded it.
• You are responsible for what you enter in a report, including other people's details. Share reports only with people who have a legitimate need, such as your insurer, lawyer or the police.

3. Your recordings and content

• You own your recordings, accident reports and other content you create (“Your Content”).
• If you use cloud storage, you give us permission to store, process and transmit Your Content only as needed to provide the service to you (for example, backing it up and letting you download or share it).
• You are responsible for Your Content and for following recording laws wherever you drive. Some places require everyone's consent to record audio or video, including passengers. Some countries restrict or ban dash cams (for example, Austria and Luxembourg). Some limit windshield mounting or publishing recordings of others. Make sure your use is lawful. The App may remind you about audio-recording rules in some US states and pause audio in Driver Mode there; these reminders are general information only, may be incomplete, out of date or inaccurate near state lines, and are not legal advice. You remain responsible whether or not a reminder appears.
• Audio recording notice. Before audio recording is first turned on (and again after these Terms change), the App shows a notice about recording-consent laws and keeps the date you acknowledged it. Acknowledging it confirms you understand that it is your responsibility to get any consent the law requires before recording others. The printable “recording in progress” sign the App offers is provided as a convenience and may not satisfy the notice requirements where you drive.
• The passenger notice is a courtesy, not consent. Driver Mode can show an on-screen notice that the vehicle is recording. Showing it does not by itself mean your passengers have agreed to be recorded, and it may not be visible to everyone or meet the notice rules where you drive. Where the law requires consent or a specific form of notice (such as a sign in the vehicle), it is your responsibility to get that consent or give that notice.
• Keep your own copies of important recordings. On-device recordings can be lost if the App is deleted or the phone is lost or reset.

4. Acceptable use

You agree not to:

• record people unlawfully, or use the App for stalking, harassment or surveillance of others;
• upload unlawful content, or content you don't have the right to store;
• interfere with, reverse-engineer, overload or try to gain unauthorized access to the App or our servers, except where the law allows;
• publish or sell recordings of other people in ways that are unlawful or violate their rights, including their privacy;
• use someone else's account, share your sign-in code, or create accounts by automated means;
• resell the service, or use it to break any law.

5. Memberships and payments

• The App is free to download. The free version records with the front camera at 720p and keeps recordings in the App's Vault. Clips protected after a detected impact (for example, while you had a membership) can always be saved or exported for free.
• Optional memberships are subscriptions billed monthly or yearly (US prices): Pro at $1.99 per month or $19.99 per year, which unlocks the other features (such as saving recordings to your device, exporting clips, higher quality, Front & Cabin, audio, crash detection, speed and coordinates on video, maps, Screen Off, Driver Mode, Parking Mode, accident reports and their PDFs, the Report accident button, Auto-SOS and the SOS button); Pro + Cloud 50 GB at $3.99 per month or $39.99 per year; and Pro + Cloud 250 GB at $7.99 per month or $79.99 per year. Outside the US, the App Store or Google Play shows the price in your local currency before you buy. Taxes may apply.
• Cloud storage is limited to your plan's size. When it is full, we automatically delete your oldest recordings that aren't protected to make room for new ones (like a dash cam's loop recording). Protected clips are never deleted this way; if only protected clips remain, new uploads stop until you free up space or change plans.
• On your phone, the App also loop-records: recordings are saved as clips of the length you choose, and when the phone storage you set for recordings (Settings → Save To) is full, the App automatically removes your oldest recordings that aren't protected, starting with ones already backed up to the cloud or your photo library. Crash-protected clips and clips used in accident reports are never removed this way. Save or back up any clip you want to keep.
• By default, only protected clips upload over cellular data; other clips wait for Wi-Fi. You can change this in Settings. Your mobile carrier's data charges are your responsibility.
• Payment is charged to your Apple ID (App Store) or Google account (Google Play) when you confirm the purchase.
• Subscriptions renew automatically at the end of each billing period (monthly or yearly) unless you cancel at least 24 hours before the current period ends. Your account is charged for renewal within 24 hours before the period ends.
• Cancel anytime in your App Store or Google Play subscription settings (also reachable from Settings → Account). After cancelling, access to membership features continues until the end of the paid period.
• Refunds are handled by Apple or Google under their policies. We can't issue refunds for store purchases directly.
• Pro memberships bought on an iPhone work on that device without an account. Cloud plans need an account, because your storage lives on our servers.
• Cloud-only storage. If you turn off “Keep copies on this phone”, a clip's copy on your phone is removed once it has been uploaded and verified, and the clip is then available only from the cloud (an internet connection is needed to view it). Crash-protected clips and clips used in accident reports always stay on your phone. Choose this option only if you understand that cloud clips are subject to the loop-deletion rules above.
• If your membership ends, new recordings aren't uploaded. Existing cloud recordings stay available for at least 30 days so you can download them, after which we may delete them. Clips that exist only in the cloud will be lost if you don't download them in that time.
• The prices above are current as of the effective date. The price shown in the App Store or Google Play at the time of purchase is the price that applies.
• We may change prices with advance notice, and the change applies from your next renewal. Apple or Google will ask for your consent where required.

6. Third-party apps and services

Driver Mode can open third-party apps such as Uber, Lyft, DoorDash, Grubhub, Uber Eats, Instacart and Amazon Flex. New DashCam App is not affiliated with, endorsed by or sponsored by any of these companies. Their names and trademarks belong to their owners. Your use of those apps is governed by their own terms. The same applies to Apple Music, your email app and other services the App works with. The Map feature uses Apple Maps on iPhone and, on other platforms, map, search and routing services based on OpenStreetMap data (© OpenStreetMap contributors); their availability and accuracy are outside our control.

7. Our rights

The App, its design, software and branding belong to us and our licensors. We give you a personal, non-exclusive, non-transferable, revocable license to use the App on devices you own or control, under these Terms and the applicable app store rules. We may update, change or discontinue features. If we discontinue cloud storage, we will give reasonable notice so you can download your recordings. “Kalabunga” and the App's logos are trademarks of Kalabunga Labs, Inc., used by Kalabunga DashCam, LLC under license; you may not use them without written permission. If you send us feedback or suggestions, you agree we may use them without any obligation to you.

8. Suspension and termination

You can stop using the App at any time, and delete your account in Settings → Account → Delete account. Deleting your account doesn't cancel a store subscription; cancel it in your App Store or Google Play settings. We may suspend or close accounts that break these Terms, or where required by law. Sections that by their nature should survive (such as ownership, disclaimers, limits of liability and disputes) continue after termination.

9. Disclaimers

To the fullest extent permitted by law, the App is provided “as is” and “as available”, without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose and non-infringement. We don't warrant that the App will record every event, detect every collision, be error-free, or that recordings will be accepted as evidence by any insurer, court or authority.

Driving and accidents. You alone are responsible for how you drive and for the safety of your vehicle, your passengers and everyone around you. The App is not a vehicle safety device. It doesn't replace your attention, your vehicle's safety systems or emergency services. To the fullest extent permitted by law, we are not responsible for any vehicle accident, collision, injury, death, property damage, traffic violation, speeding ticket, fine or insurance outcome that happens while you use the App. This includes anything arising from mounting your phone, looking at or interacting with the screen while driving, the App failing to record or detect a collision, Auto-SOS or the SOS button not appearing or showing the wrong number, or relying on speed, location or G-force readings — including speed that is delayed, missing or different from your vehicle's speedometer.

10. Limitation of liability

To the fullest extent permitted by law, we will not be liable for any indirect, incidental, special, consequential or punitive damages, or for lost recordings, data, profits or claims arising from your use of the App, including any damages arising from a vehicle accident, collision, injury or property damage. Our total liability for any claim is limited to the greater of the amount you paid us in the 12 months before the claim or $50. Nothing in these Terms limits liability that cannot be limited by law, such as liability for fraud or, where applicable, for death or personal injury caused by our own negligence. Some places don't allow these limits, so they may not apply to you.

11. Indemnity

To the fullest extent permitted by law, you agree to defend, indemnify and hold harmless Kalabunga DashCam, LLC and its affiliates, officers, directors, employees, contractors and agents (the “Indemnified Parties”) from and against all claims, demands, lawsuits, losses, damages, liabilities, settlements, fines, penalties, costs and expenses (including reasonable attorneys' fees) arising out of or related to:

• your operation of any vehicle while using the App, including any vehicle accident, collision, bodily injury, death or property damage;
• any violation of traffic, driving, phone-use, windshield-mounting or recording laws;
• Your Content, including recording any person, and storing, sharing or publishing recordings;
• your use of Driver Mode or your rideshare or delivery work, including disputes with passengers, customers, platforms or insurers;
• your reliance on crash detection, Auto-SOS, speed, location, G-force readings or accident reports, including any insurance claim;
• your breach of these Terms, of any law, or of anyone else's rights.

We will make reasonable efforts to notify you of any claim covered by this section. We may take over the exclusive defense and control of any such claim at your expense, and you will cooperate with us. You may not settle any claim that affects an Indemnified Party without our prior written consent. This section does not require you to indemnify us for losses caused by our own gross negligence or willful misconduct, and applies only to the extent permitted by the law that applies to you. It continues to apply after your account is closed or these Terms end.

12. Disputes: arbitration, class action waiver and venue

Please read this section carefully. It affects how disputes are resolved.

12.1 Governing law

These Terms are governed by the laws of the State of Texas, USA, without regard to conflict-of-law rules, except that the Federal Arbitration Act (9 U.S.C. § 1 et seq.) governs the interpretation and enforcement of this arbitration agreement.

12.2 Try to resolve it informally first

Before starting an arbitration or court case, the person bringing the claim must send the other a written notice describing the dispute and the relief requested. Send notices to us at dashcam@kalabunga.com and P.O. Box 550166, Houston, Texas 77255; we will send notices to the email address on your account. If the dispute isn't resolved within 60 days after the notice is received, either of us may start arbitration (or, where allowed below, go to court). Time limits for bringing a claim are paused during these 60 days.

12.3 Mandatory arbitration

Arbitration is mandatory. You and Kalabunga DashCam, LLC agree that any dispute, claim or controversy arising out of or relating to these Terms, the App, your recordings or accident reports, your membership, or our Privacy Policy (a “Dispute”), whether based in contract, tort (including negligence), statute or any other legal theory, and including whether a Dispute must be arbitrated, will be resolved exclusively by final and binding arbitration on an individual basis, and not in court, except that:

• either of us may bring an individual claim in small claims court, if it qualifies, in the county where you live or in Harris County, Texas;
• either of us may ask a court to stop the infringement or misuse of intellectual property rights; and
• claims that applicable law says cannot be arbitrated are not covered.

12.4 How arbitration works

The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect (available at adr.org), as modified by these Terms, before a single arbitrator. Payment of filing, administration and arbitrator fees is governed by those rules, which limit the fees a consumer pays. The arbitration may be decided on written submissions, by phone or video, or in person in the county where you live or in Harris County, Texas, as you choose. The arbitrator may award the same individual relief a court could award, but only in favor of the individual party seeking relief and only to the extent needed for that party's individual claim. The arbitrator's decision is final and may be entered as a judgment in any court with jurisdiction.

12.5 Class action waiver and jury trial waiver

YOU AND KALABUNGA DASHCAM, LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. YOU AND KALABUNGA DASHCAM, LLC WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY COURT PROCEEDING RELATING TO A DISPUTE, INCLUDING IF YOU OPT OUT OF ARBITRATION. This class action waiver applies in arbitration and in court: neither of us may act as a class representative, class member or private attorney general, and there will be no class, collective or representative arbitration. The arbitrator may not combine more than one person's claims or preside over any form of class or representative proceeding. If a court decides that this waiver can't be enforced for a particular claim or request for relief, then that claim or request (and only that one) will be decided by a court under section 12.7, after the individual arbitration of all other claims is finished.

12.6 Opting out of arbitration

You may opt out of arbitration (sections 12.3 and 12.4) by emailing dashcam@kalabunga.com within 30 days after you first accept these Terms (for example, by tapping “Agree and Continue” in the App, creating an account, or first using the App). Include your name, the email address on your account (if any), and a clear statement that you want to opt out of arbitration. Disputes will then be resolved in court under section 12.7. Opting out applies only to arbitration. The class action waiver and the jury trial waiver in section 12.5, and the rest of these Terms, continue to apply; you can't opt out of them.

12.7 Venue: Harris County, Texas

Any Dispute that is not arbitrated (including if you opt out, a claim excluded in section 12.3, or a claim that can't be arbitrated) must be brought exclusively in the state or federal courts located in Harris County, Texas, and you and we consent to the personal jurisdiction of those courts and waive any objection to that venue. Small claims may also be brought in the county where you live, as described in section 12.3.

12.8 Changes to this section

If we make a material change to this section 12, the change won't apply to any Dispute of which we had notice before the change took effect. You may reject a material change by emailing dashcam@kalabunga.com within 30 days after we notify you of it; the previous version of this section will then continue to apply to you.

12.9 Where local law says otherwise

Nothing in these Terms limits rights you have under consumer protection laws that can't be waived. If you live in the European Union, the United Kingdom, or another place whose laws don't allow consumers to be bound by pre-dispute arbitration, class action waivers, jury trial waivers or a foreign venue, the provisions of this section 12 that those laws don't allow won't apply to you, and you may bring a claim in the courts of the place where you live.

13. Apple App Store terms

If you downloaded the App from the Apple App Store:

• These Terms are between you and us, not Apple. We, not Apple, are responsible for the App and its content.
• Your license is limited to use on Apple-branded products you own or control, as permitted by the App Store Usage Rules.
• Apple has no obligation to provide maintenance or support for the App.
• If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any). To the extent permitted by law, Apple has no other warranty obligation.
• We, not Apple, are responsible for handling any claims about the App, including product liability, legal or regulatory compliance, and consumer protection claims.
• If a third party claims the App infringes their intellectual property, we, not Apple, are responsible for the investigation, defense, settlement and discharge of that claim.
• You confirm you are not in a country subject to a U.S. Government embargo or designated as “terrorist supporting”, and are not on any U.S. Government list of prohibited or restricted parties.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

14. Changes to these Terms

We may update these Terms. We'll post the new version here and change the effective date. When the effective date changes, the App asks you to agree to the new Terms the next time you open it; if a change is significant, we'll also notify you in the App or by email. Using the App after changes take effect means you accept them. If you don't agree, stop using the App and, if you wish, delete your account.

15. General

• Entire agreement. These Terms and the Privacy Policy are the whole agreement between you and us about the App, and replace any earlier agreements.
• Severability. If any part of these Terms is found unenforceable, the rest stays in effect, and that part will be enforced to the maximum extent the law allows (except as section 12.5 says about the class action waiver).
• No waiver. If we don't enforce a part of these Terms right away, we can still enforce it later.
• Assignment. You may not transfer these Terms or your account to anyone else. We may transfer them to an affiliate or a successor, for example in a merger or sale, and will tell you if that happens.
• Export laws. You agree to follow U.S. export and sanctions laws that apply to the App.
• Language. These Terms are written in English. Translations are provided for convenience; if they differ, the English version controls.

16. Contact

Kalabunga DashCam, LLC
P.O. Box 550166, Houston, Texas 77255
dashcam@kalabunga.com