**Editor’s Note: Take a look at the bottom of this post to see how they fixed this.**
Take a look at the terms of service here. http://www.drivesafe.ly/tos/
**Note: This link now reflects the fixed terms of service. See below to see the part that was offensive before they fixed it.**
Specifically this part.
1e. DriveSafe.ly is a free application that can potentially saves lives, and the user (you) agrees to help promote our application in a positive manner by telling friends about our application.
Users (you) also agree to become a fan of DriveSafe.ly on Facebook, follow us on Twitter and post at least one comment on our fan page and/or tweet about us. Posts on our Facebook page, Tweets about us or blog posts that are lewd or libelous toward our company will be removed immediately, and iSpeech reserves the right to pursue monetary restitution and damages as a result of inflammatory comments.
If you do not agree to become our fan on Facebook, follow us on Twitter and/or spread the word about our application, please uncheck the box bellow that says “Facebook Fan DriveSafe.ly” and/or “Follow on Twitter” and kindly uninstall our application. If you accidentally fanned us on Facebook and/or followed us on Twitter and are not comfortable endorsing our app, remove yourself from our fan list and/or un-follow us on Twitter.
So by using this program, you agree to promote it in a positive manner? What? What if the program sucks? This is not something I could ever agree to. Also, you agree to be a fan on facebook and follow them on twitter. It would be alright if this was a suggestion. Or even if they gave an OPT IN option in the setup of the program. But from what I’ve heard, the program automatically follows itself on your twitter and automatically fans itself on your facebook. How does this happen? Well, when you’re logged in to facebook and twitter in your phone, there are hooks deep into the operating system and this program uses those hooks to do things without your knowledge. This, in my opinion, is completely deplorable. There is no reason that an app developer should ever make an app do this.
It also states that you must post as least one positive comment about the app. Well, that’s great. But I never installed the app. I never agreed to these terms of service and I hope this company goes completely downhill. They say “…blog posts that are lewd or libelous toward our company will be removed immediately, and iSpeech reserves the right to pursue monetary restitution and damages as a result of inflammatory comments.” Well, they can’t take this post off of my blog and I hope they send me a cease and desist letter because all I’m doing is calling out the stupidity of something in their own TOS published on their website. They have been publicly shamed on Buzz Out Loud and I hope many other tech journalists do the same. This company needs to be taken out of business unless they take this clause out of their TOS completely.
**UPDATE!**
As of about 4:30pm central time today, DriveSafe.ly has amended their terms of service to fix the offending clause. See below to see the amendment.
1e. DriveSafe.ly is a free application that can potentially saves lives, and the user (you) agrees to help promote our application in a positive manner by telling friends about our application.
We encourage Users (you) to become a fan of DriveSafe.ly on Facebook, follow us on Twitter and post comments on our fan page and/or tweet about the application and/or safe driving. Posts on our Facebook page, Tweets about us or blog posts that are advertisements, spam, include lewd content or are libelous toward our company will be removed immediately, and iSpeech reserves the right to pursue remedies and damages as a result of inflammatory comments.
If you do not agree to become our fan on Facebook, follow us on Twitter and/or spread the word about our application, please uncheck the box bellow that says “Facebook Fan DriveSafe.ly” and/or “Follow on Twitter”. If you accidentally fanned us on Facebook and/or followed us on Twitter and wish to remove yourself as a fan, you are free to remove yourself from our fan list and/or un-follow us on Twitter.
Whereas it used to say you agree to become a fan on facebook and follow us on twitter, now it says we encourage you. Before, it said that if you don’t agree to be a facebook fan or twitter follower, to please “kindly uninstall the app.” Now that part is gone completely. I have to say it was horrible of them to have that crap in their TOS to start with, but it is great to know that some companies actually listen to what people are saying about them on the internet!
Since this is acceptable now, here is a review for the android version: http://www.androidtapp.com/drivesafe-ly/
and for the blackberry version: http://crackberry.com/drivesafe-ly-reads-your-emails-and-sms-out-loud