Terms of use

1. Purpose and acceptance

These terms govern the use of the PASS ROADS application for iPhone and CarPlay and of the website passroads.com, published by IMVESTY SARL, 23 Route du Pas de l'Ours, 3963 Crans-Montana, Switzerland, UID CHE-314.139.930 (“PASS ROADS”).

Creating an account constitutes acceptance of these terms. Using the application without an account constitutes acceptance of the articles applicable to such use.

The application is reserved for persons aged at least 16. Driving-related features are intended for holders of a valid driving licence.

2. Description of the service

PASS ROADS offers a catalogue of mountain roads, a road trip planning tool, address search along the route, drive recording, location sharing within a convoy, a community area and a CarPlay display.

The application is free to download. The following are available without a subscription: Explore (the road catalogue and road sheets), Break (restaurants, cafés, hotels, fuel stations and car washes, with booking links), the profile, the garage, levels and trophies, drive recording, including from CarPlay, and the Drive Card to share.

The Roadbook, the Community and the Convoy are reserved for holders of a PASS ROADS account with an active PASS ROADS Premium subscription or with the 30 days of free access granted when the account is created, in accordance with article 4. This free access is tied to the account: it is granted once per account, when it is created.

PASS ROADS may change, suspend or discontinue features of the service at any time, in particular for technical, legal or safety reasons, subject to article 4 for the features included in the subscription.

3. Account

The account is personal. The user provides accurate information, keeps their sign-in credentials confidential and is responsible for any use made of their account.

The nickname may not impersonate a third party, infringe the rights of others or be offensive, misleading or promotional. PASS ROADS may change or refuse it.

The user may delete their account at any time within the application, under Profile, Settings, Delete my account.

4. PASS ROADS Premium subscription

PASS ROADS Premium is a yearly auto-renewable subscription offered in the application through Apple's In-App Purchase, as a single plan, lasting one year and payable in advance. Purchase, billing and payment are handled by Apple under the App Store terms, which apply in addition to these terms. IMVESTY SARL receives no card or payment data.

The subscription gives access to the Roadbook (road trip planning, stops, suggested road trips, saved drives, loading and sharing road trips), the Community (feed, community road trips, posting, redoing a road trip, rating) and the Convoy (driving together and seeing each other on the map). The other features described in article 2 remain available without a subscription. Subscribing to and using the subscription require a PASS ROADS account.

From the creation of their account, the user is granted 30 days of free access to the Premium features. This access is offered by IMVESTY SARL: it requires no purchase, no payment method and no commitment. It is not a trial offered by Apple and does not turn into any subscription: at the end of the 30 days nothing is charged, the Roadbook, the Community and the Convoy close again, and the user is free to decide whether or not to subscribe. The features listed in article 2 remain free in every case. IMVESTY SARL may change or discontinue this offer for the future, without affecting the 30 days already started. This free access is tied to the account: it is granted once per account, when it is created.

The price of the subscription is shown in the application before purchase, in the local currency and including taxes. It is payable in advance, for a full year, and charged to the user's Apple account at confirmation of purchase.

The subscription renews automatically at the end of each year, for an identical period of one year, unless cancelled at least 24 hours before the end of the current period. The renewal is charged to the Apple account within the 24 hours preceding the end of the current period.

The user manages and cancels their subscription in their iPhone settings, under Settings > [their name] > Subscriptions; the application provides access to it from the profile. Cancellation takes effect at the end of the current period, until which Premium features remain available.

Refund requests are handled by Apple under its own rules. IMVESTY SARL cannot issue refunds itself.

The features included in PASS ROADS Premium may evolve. Any price change is communicated in accordance with Apple's rules, which provide for the subscriber's prior consent where they so require.

Deleting the PASS ROADS account does not cancel the subscription taken out with Apple. To stop being charged, the user cancels their subscription under Settings > [their name] > Subscriptions, preferably before deleting their account.

5. Road safety

PASS ROADS is a planning and information tool. It is neither a navigation system nor a driving aid. The driver remains solely responsible for their driving and for complying with traffic rules, in particular speed limits.

The user does not handle their phone while driving. Interactions take place while stationary, by a passenger or through CarPlay within the limits set by Apple.

Information about roads, in particular pass openings, width, surface, distances and durations, is indicative and may be inaccurate or out of date. The user is responsible for checking road conditions, weather and local regulations before setting off.

A convoy is not a competition. Any use of the service to organise or promote a race, a time record or dangerous driving on public roads is prohibited.

6. User content

The user may post road trips, drives, titles, notes and, if they choose, the name of their car (“content”). The user warrants that they hold the necessary rights to such content and is responsible for it.

The user retains ownership of their content. For the duration of its publication, the user grants IMVESTY SARL a non-exclusive, royalty-free, worldwide licence to host, reproduce, technically adapt and display it in the application and on passroads.com, solely for the operation and presentation of the service.

A posted road trip may be loaded by other users into their own road book. Deleting content ends its distribution without affecting copies already loaded by other users.

7. Rules of conduct

PASS ROADS applies zero tolerance to objectionable content and behaviour. The following are prohibited in particular: unlawful, hateful, discriminatory, violent, sexual or harassing content; encouraging dangerous or illegal driving, including the use of closed roads; publishing personal data of third parties, in particular a private address; impersonation; advertising and unsolicited messages; any attempt to disrupt the service, circumvent its security measures or extract its content by automated means.

Any user may report content or block another user from within the application. Content reported by three separate users is hidden automatically pending review.

PASS ROADS reviews reports in principle within 24 hours. In the event of a breach, PASS ROADS may remove the content concerned and suspend or delete its author's account, without notice or compensation, and inform the competent authorities where required by law.

8. Third-party services

Routes open in Google Maps or Waze; some address information comes from Google Maps and Apple Maps. These services are provided by third parties under their own terms.

Accommodation bookings are concluded directly between the user and the chosen platform, in particular Booking.com, Expedia or Hotels.com, through a Stay22 affiliate link. IMVESTY SARL is not a party to the booking contract and receives a commission when a booking is made through that link.

9. Intellectual property

The application, the website, the road catalogue, texts, photographs, trademarks and logos are the property of IMVESTY SARL or its licensors. Any reproduction, extraction or reuse beyond normal use of the service is prohibited without written permission.

10. Liability

The service is provided as is. PASS ROADS does not guarantee the accuracy or completeness of information, the uninterrupted availability of the service or its fitness for a particular purpose.

To the extent permitted by law, IMVESTY SARL excludes liability for any damage resulting from use of the service, in particular from driving, road conditions, user content or third-party services. Liability for intent or gross negligence and mandatory consumer protection provisions remain reserved.

11. Termination

The user may stop using the service and delete their account at any time. PASS ROADS may suspend or delete an account in the event of a breach of these terms, or discontinue the service with reasonable notice published in the application.

Deleting the PASS ROADS account does not end the PASS ROADS Premium subscription. The subscription can only be cancelled with Apple, under Settings > [their name] > Subscriptions, in accordance with article 4.

12. Apple

These terms are concluded between the user and IMVESTY SARL, not with Apple Inc. Apple is not responsible for the application or its content and has no obligation to provide maintenance or support. The App Store terms of use also apply to use of the application.

In-app purchases, including the PASS ROADS Premium subscription, are also governed by the App Store terms (article 4).

13. Changes

PASS ROADS may amend these terms. The version in force is published in the application and on passroads.com, with its date. Substantial changes are announced in the application at least thirty days before they take effect; continued use of the service after that date constitutes acceptance.

14. Governing law and jurisdiction

These terms are governed by Swiss law. The place of jurisdiction is the registered office of IMVESTY SARL, subject to mandatory jurisdictions, in particular that of the consumer's domicile.

Any question may be sent to contact@imvesty.com.