Last updated: September 1, 2026 · Effective: August 2, 2026
These Terms of Service (the "Terms") are a binding agreement between you and [LEGAL ENTITY NAME] ("Crash Card," "we," "us," or "our") governing your use of the Crash Card mobile apps, the website and web portals at crashcard.app, and all related features (the "Service"). By creating an account, scanning a Crash Card QR code, submitting information through an exchange, submitting a witness report, opening a Crash Portal™ link, or otherwise using the Service, you agree to these Terms. If you do not agree, do not use the Service.
You must be at least 13 years old to use the Service, and if you are under 18 you may use it only with the consent and involvement of a parent or legal guardian who agrees to be bound by these Terms on your behalf. You represent that you are legally able to enter into this agreement and that you are not barred from using the Service under the laws of your jurisdiction.
These Terms apply to everyone who touches the Service, including people who never create an account — for example, a driver who scans another driver's QR code and submits information through the web page, a witness who uploads a report via QR, or an insurance adjuster who opens a Crash Portal™ link.
Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference.
Crash Card lets you store your driver's license, insurance, and vehicle information on your device, exchange that information with another driver after a collision using a QR code, record details about the scene, and generate a report you can give to your insurer.
Crash Card records information. It does not evaluate it. We do not determine, assign, allocate, assess, calculate, infer, imply, suggest, or express any opinion regarding fault, liability, negligence, causation, comparative responsibility, or the merits of any claim or defense. No output of the Service — including an Exchange Report, a Crash Portal™, a PDF export, a data field, a status indicator, or a warning label — constitutes:
Descriptive indicators in the app — such as "OCR verified," "manually edited," "expired," "learner's permit," "named insured mismatch," or "declared uninsured" — describe the state of a document or how a value was entered. They are neutral metadata. They are not judgments about any person's conduct, character, honesty, or legal position, and you agree not to characterize them as such.
Crash Card is not an insurance company, insurer, reciprocal, agent, broker, producer, adjuster, public adjuster, or third-party administrator, and it is not licensed as any of those in any jurisdiction. The Service does not sell, place, bind, modify, adjust, evaluate, or settle insurance, and does not advise on coverage. Crash Card is not a law firm, does not provide legal advice or legal services, and no attorney-client relationship is created by your use of the Service. Nothing in the Service substitutes for advice from a licensed attorney, insurance professional, medical provider, or law enforcement officer.
Crash Card is not a consumer reporting agency as defined by the Fair Credit Reporting Act, and information available through the Service is not a consumer report. You may not use the Service or any information obtained through it for any purpose enumerated in the FCRA, including eligibility for credit, insurance underwriting or rating, employment, tenancy, or any other permissible-purpose determination.
Using Crash Card does not satisfy any duty you owe to report an accident to law enforcement, a motor vehicle department, or your insurer, and does not extend any deadline. Requirements vary by jurisdiction and by policy. Complying with them is your responsibility.
Crash Card is not an emergency service and cannot summon help. If anyone is injured, if the scene is unsafe, or if a crime may have occurred, stop and call 911 or your local emergency number first. Never use the Service while operating a vehicle, while in a travel lane, or in any situation where doing so would put you or others at risk. You are solely responsible for your safety and for complying with all traffic and distracted-driving laws.
You agree to use the Service only for lawfully documenting motor vehicle incidents and maintaining your own vehicle and insurance records. You agree that you will not:
We may investigate suspected violations and may remove content or suspend accounts as described in Section 15.
The purpose of an exchange is to give another person your information. When you display your QR code and someone scans it, the fields on your Crash Card that are part of the exchange become visible to them, and they may keep, screenshot, export, and forward that information. Only include information you are willing to hand over. Once disclosed, it cannot be recalled by us or by you.
When you record another person's information — by scanning their documents, photographing them or their vehicle, or entering their details — you decide to collect it. You represent and warrant that you have that person's cooperation, or another lawful basis, and that your collection, recording, photography, storage, and sharing complies with all applicable laws, including state biometric, recording, and privacy statutes. Crash Card provides a tool; it is not present at the scene, is not a party to the exchange, does not supervise it, and does not confirm anyone's identity, authority, or consent.
We do not verify the identity of any user, the authenticity of any document, the validity of any license, the existence or scope of any insurance coverage, the ownership of any vehicle, or the truth of any statement. A completed exchange means two devices interacted. It does not mean the other party is who they claim to be, that their documents are genuine, or that their insurance is in force.
If you display a witness QR from a Crash Portal™, you are inviting a bystander to send photos, video, and a statement to Crash Card so insurers and adjusters on that claim can review them. Drivers see only that a report was submitted. If you submit a witness report, you agree we may store it and show it on the Crash Portal™ link for that claim, as described in the Privacy Policy. Witness reports are user-generated content; we do not verify them.
"Your Content" means everything you submit to the Service: document images, photographs, videos, notes, descriptions, witness details (including witness reports uploaded via QR), and profile data. As between you and us, you retain all rights in Your Content.
You grant us a worldwide, non-exclusive, royalty-free license to host, store, reproduce, transmit, adapt (for example, cropping a portrait or generating a PDF), and display Your Content solely to operate and provide the Service to you and to the parties you share it with, and to comply with law. This license ends when you delete the content or your account, except for content already shared with another party, copies retained in backups for a limited period, and records we must keep by law. We do not use Your Content for advertising, and we do not use it to train machine learning models.
You represent and warrant that you own or have the necessary rights and permissions for Your Content, that it does not infringe or violate the rights of any third party, and that its submission and sharing through the Service is lawful. You are solely responsible for Your Content, including any statement you make about an incident or another person.
We do not routinely review Your Content and have no obligation to do so, but we may remove or disable content that we believe in good faith violates these Terms or the law. If you believe content on the Service infringes your copyright, contact crashcardapp@gmail.com with the information required by the DMCA.
The Service uses optical character recognition, barcode decoding, and automated vision models to read documents. These technologies make mistakes. Glare, damage, unusual formats, out-of-state layouts, and poor lighting all produce errors, and any confidence score is an estimate rather than a guarantee.
You must review every extracted value before relying on it, sharing it, or submitting it to an insurer. You are solely responsible for the accuracy of the information on your Crash Card and in your incident records. We are not liable for any consequence of inaccurate, incomplete, mis-scanned, mistyped, outdated, or missing data, including a claim that is delayed, reduced, disputed, or denied.
Scene context such as GPS coordinates, derived addresses, weather, and timestamps is gathered from your device and public data sources on a best-effort basis. It reflects what a device or service reported at a moment in time and is not a survey, an accident reconstruction, or a determination of where or how an incident occurred.
The Service relies on third parties for hosting, document scanning, geocoding, weather, maps, vehicle data, and messaging, as described in our Privacy Policy. We do not control these providers and are not responsible for their acts, omissions, availability, accuracy, or terms. Links or references to third-party sites or services are not endorsements. Your use of any third-party service is governed by that party's own terms.
The Service is currently offered as a beta. It may contain defects, may change without notice, and may be interrupted, suspended, or discontinued in whole or in part at any time. Data created during beta may be affected by migrations, resets, or loss. Beta features are provided for evaluation, without any service level commitment, uptime guarantee, or promise of continued availability. We may add, modify, or remove features, and may impose limits on storage, file sizes, exports, or usage.
The Service is currently provided free of charge. We may introduce paid plans or paid features in the future. If we do, we will give notice and you will not be charged without first agreeing to the applicable pricing terms. You are responsible for any carrier data, messaging, or device charges you incur while using the Service.
The Service, including its software, design, interfaces, text, graphics, and the "Crash Card" name and logo, is owned by us and our licensors and is protected by intellectual property laws. Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to install and use the app on devices you own or control, and to use the Service, for your personal, non-commercial use. All rights not expressly granted are reserved. You may not use our name, logo, or branding without our prior written permission.
If you send us suggestions, bug reports, or ideas, you grant us an unrestricted, perpetual, irrevocable, royalty-free right to use and implement them for any purpose without obligation, compensation, or attribution to you.
You may stop using the Service and delete your account at any time. We may suspend or terminate your access, with or without notice, if we believe in good faith that you have violated these Terms or the law, that your use creates risk or legal exposure for us or another user, or that continued provision is no longer commercially viable. We may also discontinue the Service entirely with reasonable notice where practicable.
On termination, your license to use the Service ends. Sections 2, 6.2, 7 (as to content already shared), 8, 9, 13, 14, and 16 through 24 survive termination.
The Service is provided "as is" and "as available," with all faults and without warranty of any kind. To the fullest extent permitted by law, we disclaim all warranties, express, implied, statutory, or otherwise, including the implied warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, and non-infringement, and any warranties arising from course of dealing, usage, or trade practice.
Without limiting the foregoing, we do not warrant that the Service will be uninterrupted, secure, timely, error-free, or free of harmful components; that data will be accurate, complete, current, or preserved; that scanning or automated extraction will be correct; that an exchange will complete; that location, weather, or vehicle information will be accurate; that any record will be accepted by any insurer, court, or authority; or that the Service will meet your requirements or produce any particular outcome.
Some jurisdictions do not allow the exclusion of implied warranties, so some of the above may not apply to you. In that case, such warranties are limited to the minimum duration and scope permitted by law.
To the fullest extent permitted by law, Crash Card and its officers, directors, employees, contractors, agents, suppliers, and licensors will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, goodwill, data, use, or business opportunity, arising out of or relating to the Service, whether based in contract, tort, negligence, strict liability, warranty, statute, or any other theory, and whether or not we have been advised of the possibility of such damages.
Without limiting the foregoing, we will not be liable for: any determination, denial, delay, reduction, or dispute of an insurance claim; any allocation or finding of fault or liability by any insurer, court, arbitrator, or authority; any outcome of a legal proceeding; any act or omission of another driver, user, insurer, adjuster, attorney, repair shop, or law enforcement agency; inaccurate, incomplete, or mis-scanned data; unavailability or loss of data or records; any disclosure of information resulting from an exchange, an export, or a link you shared; any personal injury, property damage, or economic loss arising from a motor vehicle incident; or any decision you make in reliance on the Service.
Our total aggregate liability for all claims relating to the Service will not exceed the greater of (a) the total amount you paid us for the Service in the twelve months before the event giving rise to the claim, or (b) one hundred U.S. dollars ($100).
These limitations apply even if a limited remedy fails of its essential purpose, and they are an essential basis of the bargain between us; we could not provide the Service without them. Some jurisdictions do not allow the exclusion or limitation of certain damages, including liability for gross negligence, willful misconduct, fraud, or personal injury caused by our own conduct, so some of the above may not apply to you. Nothing in these Terms limits liability that cannot be limited by law.
You agree to defend, indemnify, and hold harmless Crash Card and its officers, directors, employees, contractors, agents, suppliers, and licensors from and against any claims, demands, actions, investigations, damages, losses, liabilities, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:
We may assume exclusive defense and control of any matter subject to indemnification, at your expense, and you agree to cooperate. You will not settle any matter that imposes an obligation or admission on us without our prior written consent.
Crash Card is a tool used by independent people. We are not a party to, and have no responsibility for, any dispute between you and another driver, an insurer, an adjuster, an attorney, a repair shop, a witness, or any other third party. We have no obligation to mediate, investigate, arbitrate, or resolve such disputes, and we do not act as an intermediary, escrow, or arbiter between users.
You release Crash Card and its officers, directors, employees, contractors, agents, suppliers, and licensors from any and all claims, demands, damages, and liabilities of every kind, known or unknown, arising out of or in any way connected with any such dispute or with any motor vehicle incident you document using the Service.
If you are a California resident, you waive California Civil Code § 1542, which states: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." You waive any comparable statute or rule in any other jurisdiction.
Please read this section carefully. It requires you to arbitrate most disputes individually and limits how you can seek relief from us.
Before starting an arbitration, you agree to first email crashcardapp@gmail.com with a written description of the dispute and the relief you seek, and to give us 60 days to resolve it informally. This step is a condition precedent to arbitration, and the limitations period is tolled while it is underway.
If the dispute is not resolved, you and Crash Card agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service — including its formation, interpretation, breach, termination, enforceability, or validity — will be resolved by binding individual arbitration rather than in court. This agreement is governed by the Federal Arbitration Act.
Arbitration will be administered by [JAMS or the American Arbitration Association] under its consumer arbitration rules then in effect, before a single arbitrator. The arbitration may be conducted by documents, telephone, video, or in person in the county where you reside, at your election. The arbitrator has exclusive authority to decide all issues except those reserved to a court below, and may award any relief a court could award to you individually. Judgment on the award may be entered in any court of competent jurisdiction.
You and Crash Card each waive any right to a jury trial and agree that claims may be brought only in an individual capacity, and not as a plaintiff or class member in any class, collective, consolidated, coordinated, private attorney general, or representative proceeding. The arbitrator may not consolidate claims or preside over any form of representative proceeding. If this paragraph is found unenforceable as to a particular claim or request for relief, that claim or request will be severed and heard in court, and the remainder will proceed in arbitration.
Either party may bring an individual claim in small claims court if it qualifies, and either party may seek injunctive or equitable relief in court to protect intellectual property rights or to address unauthorized access, scraping, or misuse of the Service. Nothing here prevents you from reporting a concern to a government agency.
Payment of filing, administration, and arbitrator fees will be governed by the administrator's consumer rules. If those rules require you to pay more than you would pay to file in court, we will pay the excess. Each party otherwise bears its own attorneys' fees unless a statute or the arbitrator provides otherwise.
You may opt out of Sections 20.2 and 20.3 by emailing crashcardapp@gmail.com with the subject line "Arbitration Opt-Out" within 30 days of first accepting these Terms, including your name and the email address on your account. Opting out has no effect on any other part of these Terms and will not affect your use of the Service. If you opt out, disputes will be resolved in the courts identified in Section 21.
This Section 20 survives termination of your account and these Terms. If we materially change it, you may reject the change by emailing us within 30 days, in which case the version in effect when you last accepted will continue to govern.
These Terms and any dispute arising from them are governed by the laws of the State of [STATE], United States, without regard to its conflict-of-laws rules, except that the Federal Arbitration Act governs Section 20. For any dispute not subject to arbitration, you and we consent to the exclusive jurisdiction and venue of the state and federal courts located in [COUNTY, STATE], and waive any objection to that forum. The United Nations Convention on Contracts for the International Sale of Goods does not apply. If you are a consumer residing in a jurisdiction whose law grants you the right to bring proceedings locally or to the benefit of mandatory consumer protections, nothing here deprives you of those rights.
Any claim relating to the Service must be filed within one year after it arises, or it is permanently barred, except where a longer period is required by law.
If you obtained the app from the Apple App Store, the following also applies: these Terms are between you and us only, not Apple, and Apple has no obligation to provide maintenance or support. 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 maximum extent permitted by law, Apple has no other warranty obligation. Apple is not responsible for addressing any claim relating to the app, including product liability, regulatory non-compliance, or consumer protection claims, or for the investigation, defense, settlement, or discharge of any third-party intellectual property infringement claim. You represent that you are not located in a country subject to a U.S. Government embargo or designated as terrorist-supporting, and that you are not on any U.S. Government prohibited-party list. You must comply with applicable third-party terms when using the app. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
If you obtained the app from Google Play, your use is also subject to the Google Play Terms of Service, and Google is not a party to these Terms and has no responsibility for the app.
We may update these Terms as the Service evolves. We will revise the "Last updated" date and, for material changes, provide notice in the app or by email before they take effect. Changes are not retroactive. Continuing to use the Service after an update means you accept the revised Terms. If you do not agree, stop using the Service and delete your account.