Terms Of Service
Introduction
- Introduction
-
These Terms of Service ("Terms") govern your access to and use of the website located at odomobo.com (the "Site") and all related services, features, SMS communications, and applications (collectively, the "Service") operated by Odomobo, LLC ("Company," "us," "our," or "we"), a Colorado limited liability company with its principal place of business at 35 W. Main St., Unit 2272, Frisco, Colorado 80443.
By creating an account or using the Service, you ("you" or "User") agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service.
- Important Notice Regarding Arbitration
- PLEASE BE AWARE THAT SECTION 11.2 CONTAINS PROVISIONS GOVERNING HOW TO RESOLVE DISPUTES BETWEEN YOU AND COMPANY. AMONG OTHER THINGS, SECTION 11.2 INCLUDES AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED BY BINDING AND FINAL ARBITRATION. SECTION 11.2 ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER.
- UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE WITHIN 30 DAYS: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.
1. Description of Service
- 1.1 What Odomobo Is
-
Odomobo is a personal mileage management assistant designed to help vehicle lessees track and manage their lease mileage. The Service provides the following features:
- Mileage Tracking: Record odometer readings and view your driving pace relative to your lease mileage allowance
- Weekly Budget Calculations: Estimated weekly mileage budgets based on your lease terms, driven mileage, and remaining lease period
- Adventure Miles: A calculated pool of surplus mileage banked from driving under your weekly budget
- Trip Planning: Estimate the impact of future trips on your mileage budget
- Overage Monitoring: Track mileage relative to your lease allowance and estimate potential overage costs
- SMS Reminders & Commands: Opt-in text message reminders to log your odometer and text-based commands to check your status
- Service Tracking: Record and monitor vehicle maintenance schedules
- 1.2 What Odomobo Is Not
-
Odomobo is NOT any of the following:
- A replacement for reading your actual lease agreement or consulting your leasing company
- A legal, financial, or tax advisory service
- A certified or audited odometer tracking system
- A GPS or telematics device — all data is self-reported by you
- An official record for lease return, dispute resolution, or insurance purposes
- A vehicle diagnostic, safety, or maintenance compliance tool
- 1.3 Informational Use Only
-
THE SERVICE IS PROVIDED FOR INFORMATIONAL AND PERSONAL REFERENCE PURPOSES ONLY.
All mileage calculations, weekly budgets, adventure miles balances, overage estimates, cost projections, and service reminders generated by the Service are approximate and based solely on the data you provide. These outputs are estimates, not guarantees of accuracy.
You acknowledge and agree that the Service's data and calculations should not be relied upon as the sole basis for any financial, legal, business, or life-critical decision, including but not limited to: lease return decisions, overage cost negotiations, vehicle purchase decisions, insurance claims, legal proceedings, or any decision with material financial consequences.
You are solely responsible for verifying all information against your actual lease agreement, your vehicle's odometer, and any communications from your leasing company.
- 1.4 Marketing Language & Promotional Statements
-
Throughout the Site, marketing materials, emails, and promotional content, we may use aspirational language to describe the Service and its benefits. You acknowledge and agree that such language is illustrative of the Service's intended purpose and does not constitute a warranty, guarantee, or contractual commitment. Specifically:
Statements such as "I'll take care of the tracking, planning, and optimizing"
mean the Service provides tools to assist you with mileage tracking, trip planning, and budget optimization. The Service does not autonomously manage your lease, make decisions on your behalf, or take any action without your input. All data entry, decision-making, and verification remain your sole responsibility.
Statements such as "keeps your mileage in check," "stay within your lease," or "overage prevention"
mean the Service provides informational awareness of your mileage relative to your lease allowance. The Service does not guarantee that you will remain within your mileage allowance, does not prevent you from driving, and does not protect you from overage charges assessed by your leasing company. Overage charges are determined solely by your leasing company based on your actual odometer reading at lease return.
Statements such as "drive without limits," "explore without limits," or "without worrying about mileage"
are aspirational expressions of the confidence and peace of mind the Service aims to provide through better visibility into your mileage usage. They do not mean that your lease has no mileage limits, that you will not incur overage charges, or that the Service eliminates the need to monitor your own driving habits and lease obligations.
Statements such as "automated," "automatically calculated," or "automatically adjusts"
mean that the Service's software performs calculations based on the data you provide. "Automated" refers to computational processes within the Service — it does not mean the Service operates your vehicle, reads your odometer, interfaces with your leasing company, or takes any action in the physical world. The accuracy of all automated calculations depends entirely on the accuracy and completeness of the data you provide.
Statements such as "protect residual value," "protect your lease," or "never miss a week"
describe the Service's intended benefit of helping you maintain awareness of your mileage. The Service does not guarantee the residual value of your vehicle, does not interface with your leasing company, and cannot guarantee uninterrupted service availability or SMS delivery. Protecting the financial value of your lease is your responsibility.
IN THE EVENT OF ANY CONFLICT BETWEEN MARKETING MATERIALS AND THESE TERMS, THESE TERMS SHALL GOVERN AND CONTROL. NO PROMOTIONAL STATEMENT, WEBSITE COPY, EMAIL CONTENT, OR MARKETING LANGUAGE SHALL BE CONSTRUED AS EXPANDING THE SCOPE OF THE SERVICE, CREATING ADDITIONAL WARRANTIES, OR MODIFYING THE LIMITATIONS SET FORTH IN THESE TERMS.
2. Accounts
- 2.1 Account Creation
- To use the Service, you must register for an account ("Account") and provide your name, email address, mobile phone number, and password. You represent and warrant that: (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) the phone number you provide is yours and you are authorized to use it. You may delete your Account at any time by contacting us. Company may suspend or terminate your Account in accordance with Section 9.
- 2.2 Account Responsibilities
- You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account, including odometer readings, vehicle data, and SMS commands submitted through your Account or phone number. You agree to immediately notify Company of any unauthorized use of your Account. Company cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements.
- 2.3 Eligibility
- The Service is intended for individuals who are at least 18 years of age. By creating an Account, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms.
3. Subscriptions & Billing
- 3.1 Free Trial
- New users may be eligible for a free trial period as displayed during registration. During the trial, you will have access to the full features of the paid Service. At the end of the trial period, your subscription will automatically convert to a paid subscription at the then-current rate unless you cancel before the trial expires. You will not be charged during the trial period.
- 3.2 Paid Plans
-
The Service offers monthly and annual subscription plans. All prices are in U.S. dollars. Payment is processed by our third-party payment processor, Stripe, Inc. By subscribing, you authorize us to charge your payment method on a recurring basis at the beginning of each billing cycle. You are responsible for keeping your payment information current.
Users who do not subscribe or whose subscription has ended will retain access to a limited free tier with restricted functionality (one vehicle, no SMS features, no adventure miles, no trip planning).
- 3.3 Multi-Vehicle Pricing
- Your base subscription includes one vehicle. Additional vehicles are billed at a per-vehicle rate as displayed on the pricing page. Adding or removing vehicles will automatically adjust your subscription amount at the next billing cycle.
- 3.4 Cancellation & Refunds
- You may cancel your subscription at any time through your account settings. Upon cancellation, you will retain access to paid features through the end of your current billing period. No prorated refunds will be issued for partial billing periods. After your paid period ends, your account will revert to the free tier.
- 3.5 Price Changes
- We reserve the right to change our subscription prices. Any price changes will take effect at the start of the next billing cycle following notice to you. Your continued use of the Service after the price change constitutes acceptance of the new price.
4. SMS Communications
- 4.1 Consent & Opt-In
- By checking the SMS opt-in checkbox during registration and providing your mobile phone number, you expressly consent to receive recurring automated text messages from Odomobo at the number provided. SMS consent is not a condition of purchase — you may use the Service without opting in to SMS, though certain features (weekly reminders, text-based odometer logging) will be unavailable.
- 4.2 Message Types
-
Messages you may receive include:
- Account verification codes and activation links
- Weekly mileage reminders prompting you to log your odometer
- Mileage pace alerts (over-pace and under-pace notifications)
- Overage threshold warnings
- Confirmations of odometer readings and commands you submit via SMS
Message frequency varies. Typically 1-3 messages per week, depending on your account activity and vehicle settings.
- 4.3 Opting Out
- You may opt out of SMS messages at any time by replying STOP to any message. You may resume by replying RESUME or re-enabling SMS in your account settings. For help, reply HELP or email [email protected].
- 4.4 Costs & Carriers
- Standard message and data rates may apply depending on your mobile carrier and plan. Odomobo does not charge any fees for SMS messages beyond your subscription. We do not share your phone number or SMS opt-in consent with third parties for promotional or marketing purposes. Carriers are not liable for delayed or undelivered messages.
5. User Data & Content
- 5.1 Your Data
- "User Data" means all information you submit to the Service, including vehicle information (year, make, model, lease terms, mileage allowances), odometer readings, planned trips, service records, and any other data you provide through the Site or via SMS. You retain ownership of your User Data.
- 5.2 Data Accuracy
-
You are solely responsible for the accuracy of all data you submit to the Service. The Service's calculations, budgets, projections, and alerts are only as accurate as the data you provide. Inaccurate odometer readings, incorrect lease terms, or missing data will produce inaccurate results. Company is not responsible for any consequences arising from inaccurate data you submit.
- 5.3 License to Use Your Data
- You grant Company a non-exclusive, royalty-free license to use, process, and store your User Data solely for the purposes of operating, maintaining, and improving the Service. We may use anonymized, aggregated data (from which you cannot be identified) for analytics and product improvement. We will not sell your personal data or share it with third parties except as described in our Privacy Policy.
- 5.4 Data Backup & Portability
- While we take reasonable measures to protect your data, Company is not obligated to maintain backups of your User Data indefinitely. You are responsible for maintaining your own records of your odometer readings and vehicle information. You may request an export of your data at any time by contacting [email protected].
6. Acceptable Use
- 6. Acceptable Use Policy
-
You agree to use the Service only for its intended purpose — personal mileage tracking and management. You agree not to:
- Use the Service for any unlawful purpose or in violation of any applicable law or regulation
- Submit intentionally false, misleading, or fraudulent data (including odometer readings)
- Attempt to gain unauthorized access to the Service, other user accounts, or any related systems or networks
- Use the Service to harvest, collect, or gather information about other users
- Interfere with or disrupt the Service or servers or networks connected to the Service
- Reverse engineer, decompile, or disassemble any part of the Service
- Use the Service to build a competitive product or service
- License, sell, rent, or transfer your access to the Service to any third party
- Send unsolicited communications through any SMS or messaging features of the Service
We reserve the right to suspend or terminate your Account if we determine, in our sole discretion, that you have violated this Acceptable Use Policy.
7. Third-Party Services
- 7. Third-Party Services
-
The Service integrates with and relies upon third-party services to operate. By using the Service, you acknowledge that:
Stripe
All payment processing is handled by Stripe, Inc. Your use of Stripe's services is subject to Stripe's Terms of Service. We do not store your full payment card details.
Telnyx
SMS messaging is delivered through Telnyx. Message delivery depends on carrier availability and network conditions. We do not guarantee delivery of any individual SMS message.
NHTSA Vehicle Data
Vehicle make, model, and year information may be sourced from the National Highway Traffic Safety Administration (NHTSA). This data is provided for convenience and may not be complete or current.
Company is not responsible for the availability, accuracy, or performance of any third-party service. Disruptions to third-party services may affect the availability of certain features of the Service.
8. Intellectual Property
- 8.1 Ownership
- The Service, including all software, algorithms, designs, text, graphics, and other content (excluding your User Data), is owned by Company and protected by copyright, trademark, and other intellectual property laws. These Terms do not grant you any ownership interest in the Service.
- 8.2 Limited License
- Subject to these Terms, Company grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial mileage management purposes. This license does not include the right to modify, distribute, or create derivative works of the Service.
- 8.3 Feedback
- If you provide feedback or suggestions about the Service ("Feedback"), you grant Company a perpetual, irrevocable, royalty-free license to use, modify, and incorporate such Feedback into the Service without obligation to you.
9. Term & Termination
- 9. Term & Termination
-
These Terms remain in effect while you use the Service. We may suspend or terminate your access to the Service at any time, for any reason, at our sole discretion, including for violation of these Terms.
Upon Termination:
- Your Account and right to access the Service will terminate immediately
- Your subscription will be cancelled and no further charges will be made
- Your User Data may be deleted from our active systems after a reasonable retention period
- You may request an export of your data before or within 30 days after termination
The following sections survive termination: Sections 1.2, 1.3 (Service Limitations and Informational Use), 5.2 (Data Accuracy), 7 (Third-Party Services), 8 (Intellectual Property), 10 (Disclaimers, Liability, Indemnification), and 11 (General Provisions).
10. Disclaimers, Liability & Indemnification
- 10.1 Disclaimers
-
THE SERVICE IS PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, COMPANY SPECIFICALLY DOES NOT WARRANT THAT:
- ANY MILEAGE CALCULATION, WEEKLY BUDGET, ADVENTURE MILES BALANCE, OVERAGE ESTIMATE, OR COST PROJECTION WILL BE ACCURATE
- THE SERVICE WILL BE AVAILABLE WITHOUT INTERRUPTION OR FREE OF ERRORS
- SMS MESSAGES WILL BE DELIVERED SUCCESSFULLY OR IN A TIMELY MANNER
- SERVICE MAINTENANCE REMINDERS WILL ALIGN WITH YOUR VEHICLE MANUFACTURER'S RECOMMENDATIONS
- THE SERVICE WILL PREVENT YOU FROM EXCEEDING YOUR LEASE MILEAGE ALLOWANCE OR INCURRING OVERAGE CHARGES
YOU ACKNOWLEDGE THAT THE SERVICE IS A REFERENCE TOOL ONLY AND THAT ALL DRIVING, FINANCIAL, AND LEASE-RELATED DECISIONS ARE YOURS ALONE. COMPANY SHALL HAVE NO RESPONSIBILITY FOR ANY OVERAGE CHARGES, LEASE PENALTIES, MAINTENANCE FAILURES, OR OTHER COSTS YOU MAY INCUR REGARDLESS OF WHETHER YOU USED THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, WARRANTIES ARE LIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW.
- 10.2 Limitation of Liability
-
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY:
- INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
- LOST PROFITS, LOST DATA, OR COST OF PROCUREMENT OF SUBSTITUTE SERVICES
- LEASE OVERAGE CHARGES, PENALTIES, OR FEES ASSESSED BY YOUR LEASING COMPANY
- VEHICLE MAINTENANCE COSTS, REPAIR EXPENSES, OR DAMAGES ARISING FROM MISSED SERVICE INTERVALS
- DAMAGES ARISING FROM UNDELIVERED, DELAYED, OR INACCURATE SMS MESSAGES
ARISING FROM OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE TOTAL AMOUNT YOU HAVE ACTUALLY PAID TO COMPANY FOR THE SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
IF YOU HAVE NOT PAID ANY AMOUNTS TO COMPANY DURING SUCH PERIOD, COMPANY'S TOTAL LIABILITY SHALL NOT EXCEED TEN US DOLLARS ($10.00).
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
- 10.3 Indemnification
-
You agree to indemnify, defend, and hold harmless Company (and its officers, employees, and agents) from any claim, demand, loss, or damage (including reasonable attorneys' fees) arising from:
- Your use of the Service
- Your violation of these Terms
- Your violation of applicable laws or regulations
- Any inaccurate data you submit to the Service
- Any claim by a third party related to your use of the Service
Company reserves the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with our defense of such claims.
11. General Provisions
- 11.1 Changes to Terms
- We may update these Terms from time to time. We will notify you of material changes by email or by posting a prominent notice on the Site. Continued use of the Service after changes are posted constitutes acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Service and cancel your Account.
- 11.2 Dispute Resolution & Arbitration
-
Please read the following arbitration agreement carefully. It requires you to arbitrate disputes with Company and limits the manner in which you can seek relief from us.
Informal Resolution First
Before initiating formal proceedings, you and Company agree to first attempt to resolve any dispute informally. Either party may send written notice describing the dispute to the other party. The parties will have 45 days from receipt of such notice to attempt resolution through good-faith discussion.
Send notice to: [email protected] or
Odomobo, LLC, 35 W. Main St., Unit 2272, Frisco, Colorado 80443Binding Arbitration
If informal resolution fails, any dispute arising from these Terms or the Service shall be resolved by binding arbitration administered by JAMS under its applicable rules. Arbitration shall take place in Summit County, Colorado, or by telephone/video at your election. The arbitrator's decision shall be final and binding.
- Claims under $250,000: JAMS Streamlined Arbitration Rules
- Claims over $250,000: JAMS Comprehensive Arbitration Rules
- Rules available at www.jamsadr.com
CLASS ACTION WAIVER: YOU AND COMPANY 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 OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING.
30-Day Opt-Out: You may opt out of this arbitration agreement by sending written notice to [email protected] within 30 days of creating your Account. Your notice must include your name, Account email, and a clear statement that you wish to opt out of arbitration.
- 11.3 Governing Law
- These Terms shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of law provisions. To the extent litigation is permitted under these Terms, both parties consent to the exclusive jurisdiction of the state and federal courts located in Summit County, Colorado.
- 11.4 Electronic Communications
- By using the Service, you consent to receiving electronic communications from us (via email, SMS, or in-app notifications). You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.
- 11.5 Severability
- If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.
- 11.6 Entire Agreement
- These Terms, together with our Privacy Policy, constitute the entire agreement between you and Company with respect to the Service, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written.
- Contact Information
-
Odomobo, LLC
35 W. Main St., Unit 2272
Frisco, Colorado 80443
Email: [email protected]
Support: [email protected]