Terms of Service — Pass DMV Test

1. Agreement

These Terms govern your use of the Pass DMV Test website and the “Pass DMV Test” iOS app (together, the “Service”), operated by Jared Walther, Tri-Cities, Washington, USA. By using the Service you agree to these Terms. If you do not agree, please do not use it.

If you are under 18, you may use the Service only with the involvement of a parent or guardian, who agrees to these Terms on your behalf.

2. What this Service is — and is not

The Service provides practice questions to help you study for a state driver knowledge exam. Questions are written by us based on publicly available state driver handbooks.

We are not affiliated with, endorsed by, or connected to any Department of Licensing, Department of Motor Vehicles, Department of Public Safety, or any other government agency. Our questions are not the official exam, and are not actual questions from any official exam.

Handbooks and driving laws change. While we work to keep questions current, we do not warrant that every question or explanation reflects the law in effect on any given date. The official state handbook is always the authoritative source. Nothing in the Service is legal advice.

3. “Pass Assurance” explained

“Pass Assurance” is a study milestone inside the app. It is awarded when you score 90% or higher on five full practice exams for your state. The “PASS ASSURED” badge means you have met that practice benchmark.

It is not a guarantee that you will pass your official exam, and it is not a refund guarantee or warranty of any kind. Whether you pass the real exam depends on you, your preparation, and the exam you are given.

4. Free trial, paid access, and access codes

You may take a limited number of practice tests for free.
Continued use requires a paid access code, currently $29.99 as a one-time purchase. Prices may change; the price shown at the time of purchase applies.
Payments are processed by Gumroad. We never receive or store your card details.
Access codes are for your personal use only. Do not share, resell, publish, or post them. We may deactivate codes that are shared or abused.

Driving school codes

If a driving school issued you a code, your access is provided under that school's agreement with us and is free to you. We record your name, email, and the date you redeemed the code in order to invoice the school. See the Privacy Policy for details.

Refunds

If you are not satisfied, email jnswalther@gmail.com within 30 days of purchase and we will refund you. Purchases made through the Apple App Store are handled by Apple under Apple's refund policy.

5. Acceptable use

Please do not:

Copy, scrape, redistribute, or resell our questions, explanations, or content
Share, sell, or publish access codes
Attempt to bypass the paywall, or interfere with the Service's operation or security
Use the Service to break any law, or upload anything unlawful or abusive
Represent the Service as an official government product

We may suspend or end access for anyone who does these things.

6. Intellectual property

All questions, explanations, design, and code in the Service are owned by us and protected by copyright. You get a personal, non-exclusive, non-transferable, revocable license to use the Service for your own study. No other rights are granted.

State driver handbooks themselves are government works and remain the property of their respective agencies.

7. Your content

The name and email you provide remain yours. You confirm you have the right to give us the email address you enter, and that it is your own or one you are permitted to use.

8. Availability

We aim to keep the Service running but do not promise it will be uninterrupted or error-free. We may change, suspend, or discontinue any part of it at any time. If we discontinue paid features entirely, we will refund recent purchases on a pro-rata basis.

9. Disclaimer of warranties

The Service is provided “as is” and “as available”, without warranties of any kind, whether express or implied, including any implied warranties of merchantability, fitness for a particular purpose, accuracy, or non-infringement.

We do not warrant that using the Service will cause you to pass any exam.

10. Limitation of liability

To the fullest extent permitted by law, we are not liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost data, or exam outcomes, arising from your use of the Service.

Our total liability for any claim relating to the Service is limited to the amount you paid us in the 12 months before the claim, or $29.99, whichever is greater.

Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you. Nothing here limits liability that cannot lawfully be limited.

11. Apple App Store terms

These terms apply to the iOS app obtained through the Apple App Store:

This agreement is between you and us only, not with Apple. Apple is not responsible for the app or its content.
Apple has no obligation to provide any maintenance or support for the app.
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 with respect to the app.
Apple is not responsible for addressing any claim by you or a third party relating to the app, including product liability claims, claims that the app fails to conform to legal or regulatory requirements, and claims arising under consumer protection or similar legislation.
Apple is not responsible for investigating, defending, settling, or discharging any third-party claim that the app infringes intellectual property rights.
You confirm you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and that you are not on any U.S. Government list of prohibited or restricted parties.
Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, have the right to enforce them against you.
You must comply with applicable third-party terms of service when using the app.

12. Governing law

These Terms are governed by the laws of the State of Washington, USA, without regard to its conflict-of-laws rules. Disputes will be brought in the state or federal courts located in Benton County, Washington, and you and we consent to their jurisdiction — except that either party may bring a claim in small claims court.

Nothing here deprives you of the protection of mandatory consumer laws where you live.

13. Changes

We may update these Terms. We will change the “Last updated” date above, and for material changes we will give notice in the app. Continuing to use the Service after a change means you accept the new Terms.

14. Contact

jnswalther@gmail.com
Tri-Cities, Washington, USA