Terms & Conditions

These terms and conditions apply to the DriveSmart NJ app for mobile devices, together with any related services operated by Xavier Vincent (collectively, the "Application"). Xavier Vincent is hereby referred to as the "Service Provider".

By downloading or using the Application, you agree to these Terms and Conditions. You should read them carefully before using the Application.

DriveSmart NJ is an unofficial study aid designed to help users prepare for the New Jersey driver knowledge test. It is not affiliated with, endorsed by, or produced by the New Jersey Motor Vehicle Commission (NJ MVC) or any government agency. Content is provided for educational purposes only and may not reflect the most current NJ laws or regulations. Do not rely on this Application as a substitute for the official NJ Driver Manual or official MVC guidance.

Subject to your compliance with these Terms, the Service Provider grants you a limited, non-exclusive, non-transferable, revocable license to install and use the Application on a mobile device for personal purposes. You may not reproduce, distribute, modify, create derivative works from, reverse engineer, decompile, or disassemble the Application, except to the extent expressly permitted by applicable law.

Unauthorized copying or modification of the Application or its trademarks is strictly prohibited. All trademarks, copyrights, database rights, and other intellectual property rights related to the Application remain the property of the Service Provider.

The Service Provider retains all intellectual property rights in the Application, including its code, design, trademarks, service marks, trade names, logos, and branding. Nothing in these Terms grants you any license or right to use the Service Provider's trademarks, logos, or branding for any purpose. You agree not to remove, alter, or obscure any copyright, trademark, or other proprietary notices displayed in or on the Application.

You must be at least 13 years of age to use the Application. By accessing and using this Application, you represent that you are at least 13 years old and are legally permitted to use it in your jurisdiction. If you are below 13, a parent or legal guardian must review and accept these Terms on your behalf.

The Application includes an AI Tutor feature that allows you to submit messages and questions. These messages are transmitted to our backend server, hosted on Render, which forwards them to OpenAI's API for processing to generate responses. By using the AI Tutor, you acknowledge that your messages are processed by OpenAI in accordance with OpenAI's privacy policy, available at https://openai.com/privacy, and by Render in accordance with Render's terms of service, available at https://render.com/terms.

You agree not to submit content through the AI Tutor that is illegal, harmful, abusive, threatening, harassing, defamatory, or that violates the rights of any third party.

The Application incorporates AI technologies to provide the AI Tutor feature. By using the Application, you acknowledge that AI may be used to process your input and deliver responses. The Service Provider ensures that all AI usage is designed to benefit the user experience and complies with applicable laws.

The Application uses the following third-party services, each governed by their own terms:

• Google Sign-In (Google LLC) — used for account authentication
• OpenAI — used to process AI Tutor messages
• Render — hosts the backend server that relays AI Tutor messages to OpenAI

Some features of the Application require an active internet connection. The Service Provider cannot be held responsible if the Application does not function at full capacity due to lack of Wi-Fi access or if you have exhausted your mobile data allowance. If you use the Application outside of a Wi-Fi area, your mobile network provider's agreement terms apply and you may incur data charges. The Service Provider cannot be held responsible if your device runs out of battery and you are unable to access the Service.

The Service Provider may suspend your access if you materially breach these Terms, with 14 days' notice to remedy the breach where the breach is capable of cure. The Service Provider may suspend or terminate your access immediately without notice if you violate applicable law, infringe intellectual property rights, or engage in activity that could cause harm to others or the Service Provider. Upon termination, your right to use the Application will end and you must delete all copies from your devices.

The Service Provider strongly advises against jailbreaking or rooting your mobile device. Such actions could expose your device to malware and compromise security features, and may result in the Application not functioning correctly or at all.

The Service Provider may update the Application from time to time. You may need to download updates to continue using the Application. The Service Provider does not guarantee that the Application will always be compatible with your device's operating system version. The Service Provider may also discontinue the Application at any time, at which point your rights and licenses under these Terms will end and you must delete the Application from your device.

To the fullest extent permitted by law, the Service Provider shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, data loss, or business interruption, even if advised of the possibility of such damages.

The Service Provider retains full liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, and any other liability that cannot be excluded or limited under applicable law.

To the fullest extent permitted by law, the total liability of the Service Provider for any claim shall not exceed the amount paid by you to the Service Provider in the 12 months preceding the claim, or the minimum amount permitted by applicable law, whichever is greater. Since the Application is provided free of charge, the Service Provider's liability is limited to the minimum amount permitted by applicable law.

The Service Provider accepts no liability for any loss you experience as a result of relying on content provided through this Application. Content is provided for study purposes only and does not constitute official driving or legal advice.

Nothing in these Terms limits any rights you have under applicable consumer protection laws that cannot be lawfully excluded.

To the fullest extent permitted by law, you agree to indemnify and hold harmless the Service Provider from and against any claims, liabilities, damages, losses, and expenses arising out of your breach of these Terms or your intentional misuse of the Application. This indemnification does not apply to claims arising from the Service Provider's own negligence, breach of these Terms, or violation of applicable law.

These Terms and Conditions are governed by the laws of the State of New Jersey, United States, excluding conflict of law rules, except to the extent mandatory consumer protection laws of your jurisdiction provide otherwise. Any dispute arising out of or relating to these Terms will be subject to the jurisdiction of the courts of New Jersey, without limiting any rights you may have under mandatory applicable law.

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

These Terms and Conditions, together with the Privacy Policy, constitute the entire agreement between you and the Service Provider concerning your use of the Application, superseding any prior agreements or understandings.

The Service Provider may update these Terms and Conditions from time to time. You are advised to review this page periodically for any changes. The Service Provider will notify you of material changes by posting the updated Terms with an effective date. Previous versions will be made available upon request by contacting trenzannt.drivesmart@gmail.com.

If you have any questions or suggestions about these Terms and Conditions, please contact the Service Provider at trenzannt.drivesmart@gmail.com.

These terms and conditions are effective as of August 23, 2026.