Terms of Service
Service: OnWay — traffic POI awareness application Service Provider: Malatenski David, individual developer (Serbia) Contact: onway.help@proton.me Effective Date: 2026-04-13 Version: 1.0
1. Subject and Acceptance
These Terms of Service (“Terms”) govern the relationship between the Service Provider and the User of the OnWay mobile application (“Service” or “App”).
By downloading, installing or using the App in any manner, the User acknowledges having read, understood and accepted these Terms as binding. If the User does not agree with any provision of these Terms, they are not authorized to use the App.
2. Description of the Service
OnWay is an informational Points of Interest (POI) based traffic awareness application that:
- Displays publicly available positions of traffic cameras (from official lists, OpenStreetMap, community sources) on a map
- Warns the User when approaching a known fixed traffic camera or community-submitted road hazard report (accident, traffic jam, pothole, road closure, etc.)
- Allows Users to anonymously submit real-time traffic information useful to other Users
The App is expressly NOT:
- Not a signal-detection device and does not detect any radio or wireless signals — it uses only coordinates of known, public locations
- Not a navigation system
- Not a substitute for the knowledge and observance of traffic rules
3. Informational Nature of the Service — Disclaimer of Liability
3.1 User’s Responsibility for Compliance with Traffic Rules
The Service is for informational purposes only. Users are required to fully comply with applicable traffic safety rules when using the App, including the local road traffic laws of the country in which they are driving.
The User is responsible for:
- Observing speed limits as posted on traffic signs and road markings
- Choosing a speed appropriate to the traffic situation, road and visibility conditions
- Fully complying with all other traffic rules
The information displayed in the App does not release the User from any obligation to comply with traffic rules.
3.2 Disclaimer Regarding Data Accuracy and Freshness
The Service Provider does not warrant or guarantee:
- The accuracy of camera positions displayed in the App
- The currency or freshness of camera positions and other POIs
- The completeness of data (that all existing cameras are included)
- That each displayed camera is actually operating at any given time
- That no new cameras have been installed that are not yet in the App
- The truthfulness, accuracy or freshness of community reports
The data in the App originates from publicly available sources (e.g., official traffic-authority lists, OpenStreetMap community map, user reports), which may be inaccurate, outdated or incomplete.
3.3 Not a Substitute for Knowledge of Rules
The App in no way replaces knowledge of traffic rules and local regulations. The User bears full responsibility for:
- Knowing the traffic rules of the specific country, region, and city
- Observing and following current traffic signs, road markings and authority instructions
- Recognizing and handling traffic situations not signaled by the App
3.4 Legal Scope of Liability Disclaimer
To the fullest extent permitted by applicable law, the Service Provider disclaims liability for direct and indirect damages arising from the use or inability to use the App, including but not limited to:
- Fines, penalties, license suspension, demerit points and other sanctions received by the User due to traffic violations, regardless of whether the App signaled or failed to signal a given camera or POI
- Accidents and property damage
- Lost profits and wasted time
This disclaimer of liability does not — and cannot — affect the Service Provider’s liability for damages caused intentionally or through gross negligence, nor liability for personal injury or death, which under the mandatory provisions of Hungarian Civil Code (Ptk.) §6:152, Serbian Law on Obligations (ZOO) Articles 264-265, and the EU Unfair Contract Terms Directive 93/13/EEC cannot be contractually excluded. Nothing in these Terms limits the mandatory consumer rights arising from the Hungarian Act CLV of 1997 on Consumer Protection (Fgytv.), the Serbian Consumer Protection Act („Sl. glasnik RS” 88/2021), or any other mandatory provisions of consumer law applicable to the User’s country of residence.
4. User Rights and Obligations
4.1 Eligibility
To use the App, the User must:
- Be at least 16 years old (or, if younger, have the consent of a person with parental responsibility, in line with GDPR Article 8 and applicable national digital-consent age thresholds)
- Hold a valid driver’s license, if using the App while operating a motor vehicle
- Comply with these Terms and applicable laws
4.2 Safe Use
The User must not use the App in a way that endangers their own or others’ safety. In particular:
- The User must not handle their phone while driving in a manner contrary to local road traffic rules (handheld device use while driving is generally prohibited)
- The App should be configured while the vehicle is stationary
- The User must configure the App so that alerts do not distract from driving
4.3 Prohibited Conduct
The User must not:
- Use the App for illegal, immoral or rights-infringing purposes
- Submit false or misleading reports
- Set a nickname containing hate speech, slurs, impersonation of officials or offensive content
- Circumvent or disable security measures of the App
- Reverse-engineer, decompile or modify the App
- Transmit spam, viruses or other harmful content through the App
- Use the App for mass scraping of other Users’ data
The Service Provider reserves the right to ban such Users from the Service without prior warning and to moderate or delete submitted reports.
5. User-Generated Content (Reports + Nickname)
5.1 Content Submission
The App allows Users to publish real-time traffic reports and to set a public nickname (collectively, “Content”). The Service Provider does not pre-screen Content — it is published directly by the User, subject to automated moderation (rate limits, blocklist for nicknames).
5.2 Liability for Content
The User is solely responsible for the Content they publish. The User represents and warrants that the Content is truthful and not misleading, does not infringe third-party rights, and does not contain unlawful elements.
5.3 License Grant
By submitting Content, the User grants the Service Provider a non-exclusive, royalty-free, irrevocable, worldwide, transferable and sublicensable license to store, display, process and transmit the Content to other Users — solely for the purpose of providing the Service.
5.4 Moderation and User Reports of Abuse
The Service Provider has the right — but no obligation — to review, moderate, edit or delete Content. The Service Provider may remove any Content that violates these Terms or applicable law, without any obligation to provide reasons.
The App provides an in-app “Report inappropriate” function on every report and a nickname blocklist on every nickname submission. Users are encouraged to flag offensive content for admin review.
6. Personal Data Processing
The use of the Service involves the processing of personal data (e.g., anonymous device identifier, location data, optional nickname). Details of processing are described in the Privacy Policy, available at https://malatenszki.github.io/OnWay-Legal/privacy-policy-en, which forms an integral part of these Terms.
The User has the right to delete all of their data at any time via the in-app “Delete my data” option in Settings → Privacy.
7. Intellectual Property
7.1 The App
The App, all its components (software, design, graphics, texts, trademarks) constitute the intellectual property of the Service Provider or its licensors, protected by copyright laws and applicable international conventions.
7.2 Map and Data Sources
- Map tiles and base map data are provided by the OpenStreetMap contributors community under the Open Database License (ODbL). Attribution: © OpenStreetMap contributors.
- Hungarian KKEP camera positions are sourced from publicly available Hungarian traffic-authority datasets.
- Serbian camera positions are sourced from publicly available Serbian traffic-authority announcements, OpenStreetMap, and community contributions.
7.3 Usage Restrictions
The User may use the App only for personal, non-commercial purposes. Any commercial use, resale, copying or distribution of any part of the App without the Service Provider’s prior written consent is prohibited.
8. Service Modification, Suspension, Termination
The Service Provider reserves the right to:
- Modify, expand or reduce the App’s features at any time
- Temporarily suspend the Service for maintenance, updates or technical reasons
- Terminate the Service at any time for any reason
The Service Provider is not liable for damages resulting from temporary or permanent Service interruption.
9. Modification of Terms
The Service Provider reserves the right to unilaterally modify these Terms. Modified Terms take effect after publication in the App with a reasonable transition period (at least 15 days). Continued use of the App constitutes acceptance of the modified Terms. If the User does not accept the modification, they must cease using the App and uninstall it.
10. Final Provisions
10.1 Governing Law
These Terms are governed by the law of the country of the Service Provider’s residence (Serbia).
Nothing in this clause deprives the User of the mandatory consumer protections of the law of the country of the User’s habitual residence. For Users habitually resident in an EU Member State, Article 6 of Regulation (EC) No 593/2008 (Rome I) applies: the choice of law does not override the mandatory consumer-protective rules of the User’s home country.
10.2 Jurisdiction
Disputes arising from these Terms shall first be attempted to be resolved amicably between the parties. Failing that:
- For consumer Users in the EU, the jurisdictional rules of Articles 17-19 of Regulation (EU) No 1215/2012 (Brussels I bis) apply. In particular, a consumer may bring proceedings against the Service Provider either in the courts of the Service Provider’s domicile or in the courts of the consumer’s own domicile.
- For consumer Users in Serbia, disputes shall be heard by the court of the consumer’s residence in accordance with the Serbian Civil Procedure Act and the Consumer Protection Act.
- For non-consumer Users, the parties submit to the exclusive jurisdiction of the courts having jurisdiction over the Service Provider’s residence.
10.3 Alternative Dispute Resolution
In consumer disputes, Users may contact the consumer protection authority of their country of residence. Users in the European Union may initiate dispute resolution via the European Commission’s Online Dispute Resolution (ODR) platform: https://ec.europa.eu/consumers/odr
10.4 Severability
If any provision of these Terms is found to be invalid or unenforceable, it does not affect the validity of the remaining provisions.
10.5 Contact and Complaints
For questions, complaints or data processing requests:
- Email: onway.help@proton.me
The Service Provider will examine and respond to complaints within 30 days of receipt.
Last updated: 2026-04-13 Version: 1.0