Terms of Service

These Terms of Service ("Terms") govern your access to and use of the TougeX website, applications, and services (the "Service"), operated by DriverNation DBA TougeX, a Delaware corporation ("TougeX," "we," "us," or "our"). By creating an account or using the Service, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree, do not use the Service.

You must be at least 18 years old, or the age of majority in your jurisdiction to use the Service.

TougeX provides tools for automotive enthusiasts to manage vehicles, document builds and maintenance, generate and store vehicle-related content, share public build pages and profiles, and access related features. Features may be offered on a free tier and, where enabled, on paid subscription tiers and via consumable credits (see Sections 7–9). We may add, change, or remove features over time.

• //You are responsible for the information you provide and for keeping it accurate.
• //You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account.
• //Notify us promptly at cs@drivernation.us of any unauthorized use or security breach.
• //You may not share your account, use another user's account, or create an account through unauthorized means.
• //We may suspend or terminate accounts as described in Section 12.

• //Your content:you retain ownership of the content you submit, including vehicle data, build information, photos, and profile details ("User Content").
• //License to us: you grant TougeX a worldwide, non-exclusive, royalty-free license to host, store, reproduce, modify (e.g. for formatting, resizing, or metadata stripping), display, and distribute your User Content solely as necessary to operate and provide the Service, and — for content you designate as public — to display it publicly as you have chosen. This license ends when you delete the content or your account, except for content already shared publicly and copied by others, and except as needed for backups, legal compliance, or as otherwise stated.
• //Your responsibilities: you represent that you own or have the necessary rights to your User Content and that it does not violate these Terms or any law or third-party right.
• //Privacy controls: you control what is public through your privacy settings. Sensitive details default to private. You are responsible for the content of what you choose to make public.

You agree not to:

• //Violate any law or regulation, or infringe the rights of others.
• //Upload content that is unlawful, infringing, defamatory, harassing, hateful, or otherwise objectionable.
• //Impersonate any person or misrepresent your affiliation.
• //Upload or distribute malware or attempt to disrupt, compromise, or gain unauthorized access to the Service, its systems, or other users' accounts or data.
• //Scrape, harvest, or collect data from the Service except as expressly permitted.
• //Reverse engineer, decompile, or attempt to extract source code, except where such restriction is prohibited by law.
• //Use the Service to build a competing product, or resell or commercially exploit the Service without our permission.
• //Circumvent usage limits, tier restrictions, or any credit/billing mechanisms, or attempt to obtain paid features without payment.
• //Misuse AI-generated features (where available), including to produce unlawful, misleading, or harmful content.
• //Post or facilitate the sharing of another person's private information without consent, or use community/location features to harass, stalk, or endanger others.

We may investigate and take appropriate action against violations, including removing content and suspending or terminating accounts.

• //Public build pages, public profiles, and any community or event features are governed by these Terms and our acceptable-use rules.
• //If and when location-based or event features are offered, they are opt-in, and you are responsible for the information you choose to share. We provide privacy controls, but you should exercise caution before sharing your location or plans, and you understand that sharing such information carries inherent risks. TougeX is not responsible for the actions of other users. Never share more than you are comfortable with.
• //We may moderate, remove, or restrict content or features to protect users and the integrity of the Service.

• //Free tier (Tora): provides access to the free features of the Service at no cost.
• //Paid tiers (when enabled): paid subscription tiers (currently designated Ryu and Kami) provide additional access as described at the point of purchase and on our pricing page. Pricing, features, and inclusions are as stated at the time of purchase.
• //Paid features may not be enabled at all times. Where paid features are not yet available, related options may be presented as "coming soon" or via a waitlist.

• //Payment processing:payments are processed by our third-party processor, Stripe. By purchasing, you agree to the processor's terms as well as ours. We do not store your full card details.
• //Subscriptions: subscriptions renew automatically for the applicable period (monthly or annual) at the then-current price until canceled. You authorize us (via the processor) to charge your payment method on each renewal.
• //Cancellation: you may cancel at any time; cancellation takes effect at the end of the current billing period, and you retain access until then. We do not provide prorated refunds for partial periods except where required by law or expressly stated.
• //Price changes: we may change prices; we will provide notice before changes take effect for your next billing period.
• //Credits:consumable "credits" may be purchased or included with certain tiers. Credits represent access to compute-based features and are consumed as you use those features. Credit purchases are generally non-refundable except where required by law or expressly stated. Purchased credits do not expire unless stated; promotional/bonus credits may expire as indicated at the time granted. Credits have no cash value, are not transferable, and cannot be redeemed for money.
• //Failed payments: if a payment fails, we may retry and/or downgrade your access following applicable grace periods.
• //Taxes: prices may be exclusive of applicable taxes, which may be added.

Optional identity verification is performed by a third-party provider (Stripe Identity). Verification fees are charged upfront and are non-refundable, as they cover the cost of the verification attempt. Where a verification attempt returns an inconclusive result, we may allow a limited number of free resubmissions as indicated. Verification does not guarantee any outcome and does not make TougeX responsible for the conduct of verified users.

• //The Service, including its software, design, branding, text, graphics, and other materials (excluding User Content), is owned by TougeX or its licensors and is protected by intellectual-property laws.
• //We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for its intended purpose, subject to these Terms.
• //"TougeX," associated logos, and product names are our marks; you may not use them without permission.

The Service integrates third-party services (e.g. authentication, payment, verification, vehicle-data, hosting providers). Your use of those services may be subject to their terms and policies. We are not responsible for third-party services.

• //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 you violate these Terms, if required by law, to protect the Service or other users, or if your account is inactive for an extended period.
• //Upon termination, your right to use the Service ends. Sections that by their nature should survive (e.g. ownership, disclaimers, limitations of liability, indemnification, dispute resolution) survive termination.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not warrant that the Service will be uninterrupted, error-free, or secure, or that any information (including vehicle data, VIN-decoded specifications, calculator outputs, or AI-generated content) is accurate, complete, or reliable.

Automotive-specific disclaimer: information provided through the Service — including specifications, maintenance schedules, calculator results, tuning or build suggestions, and AI-generated recommendations — is for informational purposes only and is not professional mechanical, engineering, or safety advice. Always verify with qualified professionals and follow manufacturer guidance. You are solely responsible for decisions and modifications you make to your vehicle. Improper modification or maintenance can be dangerous and may affect safety, warranty, insurance, and legal compliance.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TOUGEX AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING FROM OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIMS RELATED TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) $100 USD. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

You agree to indemnify and hold harmless TougeX and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising from your User Content, your use of the Service, or your violation of these Terms or any law or third-party right.

These Terms are governed by the laws of the State of New York, USA, without regard to conflict-of-laws principles. You and TougeX agree to submit to the exclusive jurisdiction of the state and federal courts located in New York, New York.

We may modify these Terms. We will post the updated version with a revised "Last updated" date and, for material changes, provide additional notice where required. Your continued use after changes take effect constitutes acceptance. If you do not agree to the changes, stop using the Service.

• //Entire agreement: these Terms and the Privacy Policy constitute the entire agreement between you and TougeX regarding the Service.
• //Severability: if any provision is unenforceable, the remaining provisions remain in effect.
• //Waiver: our failure to enforce a provision is not a waiver.
• //Assignment: you may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.
• //No third-party beneficiaries except as expressly stated.

Questions about these Terms:

DriverNation DBA TougeX
695 Washington St, Suite 1586, New York, NY 14203
Email: cs@drivernation.us