Dale!
Terms of Service
The one rule that matters most. Dale! helps you find your way. It does not drive, and it does not see the road. Road signs, road conditions, the law and your own judgement always come before anything the app shows or says. Never handle the phone while the car is moving.
Contents
- Agreement and eligibility
- The service
- Driving safely
- Your account
- Your licence to use Dale!
- What you may not do
- Your content
- Convoys
- Dale! TURBO and earned content
- Maps, traffic and other data
- Intellectual property
- Privacy
- Ending the agreement
- No warranty
- Limitation of liability
- Your responsibility for your use
- Apple and Google
- Governing law and disputes
- Changes to these terms
- General
- Contact
1. Agreement and eligibility
These Terms of Service (the "Terms") are an agreement between you and Laurel Daigneault, an independent developer based in Lima, Peru ("Dale!", "we", "us"), about your use of the Dale! app, the dalenav.com website and the services behind them (together, the "Service"). By creating an account or using the Service you accept these Terms and the Privacy Policy, which is part of them. If you do not agree, do not use the Service.
You must be at least 18 years old (or the age of majority where you live) and, when you drive with Dale!, legally allowed to drive the vehicle you are in. If you use the Service on behalf of someone else, you confirm you may bind them to these Terms.
2. The service
Dale! provides turn-by-turn driving navigation with rules you define (such as no-go zones that routes must not cross), live traffic shown on your route, where available an assistant that turns a spoken or typed request into a destination and preferences, group drives ("convoys"), fuel-station detours, a record of your driving (odometer, stamps, medals), and optional cosmetic content for the map and your car. Some features need an internet connection; some need location, microphone or file permissions, which you may grant or refuse on your phone.
The Service is young and evolves quickly. Features may be added, changed, limited or removed; the app updates itself over the air. We do our best to keep the Service available but we do not promise it will be uninterrupted or error-free, and we may suspend it for maintenance or for reasons outside our control.
3. Driving safely
- Guidance is a suggestion. Routes, turn instructions, estimated times, traffic colours, speed limits, speed-camera warnings, fuel prices and every other thing the app shows are computed from data that can be wrong, incomplete or out of date. Verify them against the road in front of you. Obey signs, signals, road markings, police instructions and the law, whatever the app says.
- No-go zones are a best effort. Dale! calculates routes that avoid the zones you drew, and checks the result before showing it. Map data, GPS error and roads that changed can still put a route or your car near or inside a zone. A zone is a preference you asked us to honour, not a guarantee.
- Speed limits and cameras are informational. They come from public map data and can be missing or wrong. The posted limit governs.
- Road hazard reports — police, cameras, crashes, hazards, closures and roadworks, from a convoy or from any rider — come from other riders. One marked unconfirmed has a single voice behind it. Treat them all as hearsay, and a route that goes around a reported closure, crash or roadworks as a suggestion — you can switch each of the three off under Settings → Navigation.
- Do not operate the phone while driving. Set your destination before you move. Use voice where the law allows hands-free use; otherwise stop safely first. The hazard key is a single touch: use it only when that is safe and lawful where you drive, or leave it to a passenger. You are solely responsible for driving safely and lawfully, and for the choices you make with the app's suggestions.
- Dale! is not an emergency service and does not contact emergency services.
4. Your account
You sign in with an Apple or Google account. Keep that account secure: everything done through your Dale! account is your responsibility until you tell us it was compromised. One person, one account; do not share, sell or transfer it. You may delete your account at any time in Settings → About; section 13 explains what happens then.
5. Your licence to use Dale!
We grant you a personal, limited, revocable, non-exclusive, non-transferable licence to install and use the app on devices you own or control, for your own non-commercial use, under these Terms and the rules of the app store you got it from. Everything not expressly granted is reserved. The app and its content are licensed, not sold.
6. What you may not do
- Use the Service for anything unlawful, or in a way that endangers anyone.
- Copy, modify, decompile, reverse-engineer or create derivative works of the app or its servers, except where the law expressly allows it despite this clause.
- Access the servers other than through the app, scrape or bulk-download data, probe or overload the Service, or interfere with other riders' use of it.
- Feed the Service false data: fake positions, fabricated speed measurements, false police or traffic reports, or purchases you did not make.
- Resell, rent, sublicense or commercially exploit the Service or its data without our written permission.
- Harass, threaten, defraud, impersonate or stalk anyone, in a convoy or anywhere else; post content that is illegal, hateful, sexual, violent or infringes anyone's rights.
- Upload a 3D model, image or other file you do not have the right to use, or one that contains malware.
- Use the Service to track a person without their knowledge and consent.
- Circumvent Dale! TURBO, earned content or any technical limit.
We may investigate breaches, remove content, and suspend or terminate accounts that break these rules. False or repeated road hazard reports may be dropped without notice and the account's reporting suspended. A suspended account cannot sign in, and cannot be opened again with the same Apple or Google account; if you think a suspension is a mistake, write to soporte@dalenav.com.
7. Your content
Your places, zones, themes, garage choices, uploaded models, convoy names, messages, radio clips, reports, ideas and bug reports are yours. You keep whatever rights you have in them. You give us a worldwide, royalty-free licence to store, copy, transmit, display and adapt them as needed to run the Service for you and, in a convoy, for the other members — for example, to render your car for the others' maps or to read a message aloud. This licence ends when you delete the content or your account, except for copies that other members already received while it was shared, and for backups that expire on their own schedule.
You are responsible for your content: that you have the right to use it, that it does not infringe anyone's rights, and that it follows section 6. We do not monitor content routinely, but we may remove anything that breaks these Terms or the law, and we will respond to valid notices of infringement. Convoy chat, convoy and stop names, and riders' names in a convoy pass through an automatic filter that masks slurs and insults; it is a floor, not a guarantee, and it does not make us the author of what members write.
Ideas and suggestions you send us may be used without obligation to you; we appreciate them.
8. Convoys
- A convoy shares your live position, name, car and messages with its members while it is active, as the Privacy Policy describes. Join only convoys of people you trust, and share invite links only with people you want in the car with you. A PIN is a second key the leader may set; it is not a substitute for care with the link.
- The leader sets the destination and may end the convoy; members may leave at any time. Riders in a convoy navigate to the convoy's destination or follow the leader; they may still detour or stop for fuel.
- Members are other people, not our agents. We are not responsible for what they say, do, share or where they drive. Report abuse from inside the convoy — hold a message to report it, or report a rider from the rider list — or write to us; you can also mute a rider on your own phone, which hides their messages and radio in every convoy. We review reports and may remove content and suspend the account of anyone who breaks these Terms, but we cannot undo what was already shared.
- Without Dale! TURBO a convoy you lead seats five, you included; with an active membership the seats are unlimited within the Service's technical limits. During the launch period we may make TURBO features available to everyone; that courtesy may end at any time without notice.
- Do not use a convoy to follow someone who has not agreed to it.
9. Dale! TURBO and earned content
9.1 Dale! TURBO
During the launch period Dale! TURBO is not sold: every account has it at no charge (section 8), and nothing in the app asks you to pay. When it is offered for sale, the rest of this section applies.
Dale! TURBO is an auto-renewing yearly subscription sold through the Apple App Store or Google Play. While it is active it unlocks the creator features (the theme studio, custom vehicles, theme import and sharing), unlimited convoy seats, and every premium map theme. The price is shown before you buy, in your store's currency, and is charged to your store account. It renews automatically for the same period at the then-current price unless you cancel at least 24 hours before the end of the current period, in your Apple or Google subscription settings; Dale! cannot cancel it for you. Cancelling stops the renewal; you keep the benefits until the period you paid for ends. Refunds are handled by Apple or Google under their policies and the law that applies to you. We may change what TURBO includes with reasonable notice; if we remove something you relied on during a paid period, tell us and we will make it right.
9.2 What Dale! sells
The only thing Dale! sells is Dale! TURBO. Premium map themes are not sold one by one: they come with TURBO, for as long as it is active. A purchase is validated with the store before it is unlocked; a purchase the store cannot validate is not unlocked. If we ever sell anything else, these Terms will describe it before the first sale.
9.3 Earned content
Stamps, medals and other content earned by driving can only be earned. It stays yours for as long as your account exists, with or without Dale! TURBO. It is never for sale, cannot be transferred, and may be revoked if it was obtained by feeding the Service false data.
9.4 Taxes and prices
Prices include the taxes the store applies where it says so. Prices may change; a change never affects a period you already paid for.
10. Maps, traffic and other data
Maps are built from OpenStreetMap data (© OpenStreetMap contributors, Open Database License) and OpenMapTiles; live traffic on the map and some place search come from TomTom; the live traffic behind arrival times and route choice comes from HERE; fuel data from Osinergmin's open data (ODC-By); emoji artwork from OpenMoji (CC BY-SA 4.0). These providers' terms apply to their data. You may not extract map, traffic or place data from the Service for use elsewhere; in particular, traffic data is licensed for display to you inside the app only.
What HERE's data lets you do is use it, inside the app, for your own trips: you may not use it with map or location data from other providers outside the app, reverse-engineer it, copy or archive it, or export it except as the export laws that apply to you allow; you must stop using it if you break these conditions. HERE, its affiliates and their suppliers give no warranty of any kind on it — of quality, performance, merchantability, fitness for a purpose or non-infringement — and accept no liability for any claim or loss, direct or indirect, including lost profit, revenue, contracts or savings, arising from using it, being unable to use it, or any defect or inaccuracy in it, in contract or otherwise, even if told it was possible; nothing in these Terms is a warranty, a right of indemnity or a right of liability given on their behalf. HERE's own end-user terms (legal.here.com/terms/here-end-user-terms) and its supplier notices (legal.here.com/terms/general-content-supplier/terms-and-notices/) apply to that data as well.
11. Intellectual property
The Dale! name, logo, app, design system, icons, code, routing calibration, curated content and everything else we made are ours and protected by copyright, trademark and other laws. These Terms give you no right to use our name or marks. Open-source components in the app are used under their own licences; we send the list, with each licence, to anyone who asks at soporte@dalenav.com.
12. Privacy
The Privacy Policy explains exactly what data the Service handles, why, for how long, and your rights over it. It is part of these Terms.
13. Ending the agreement
By you. Delete your account in Settings → About, or stop using the Service. Deletion is immediate and permanent: your data is erased as the Privacy Policy describes, the convoys you lead are ended, and what you earned by driving goes with the account. Subscriptions must be cancelled separately in your store account; deleting the account does not cancel a store subscription.
By us. We may suspend or terminate your access if you break these Terms, if the law requires it, if your use harms the Service or other riders, or if we discontinue the Service. Where reasonable we will tell you why and give you a chance to fix it. If we discontinue the Service or a paid feature, you will not be charged for it afterwards; where the law requires, we will refund the unused part of a prepaid period.
Sections 7 (for content already shared), 11, 14, 15, 16, 18 and 20 survive termination.
14. No warranty
To the fullest extent the law allows, the Service is provided "as is" and "as available", without warranties of any kind, express or implied, including fitness for a particular purpose, accuracy, non-infringement and uninterrupted or error-free operation. Route, timing, traffic, speed-limit, camera, fuel and place information is not guaranteed to be accurate, complete or current. Nothing in this section limits rights that consumer law gives you and that cannot be waived.
15. Limitation of liability
To the fullest extent the law allows: we are not liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or goodwill, arising from the Service or these Terms; we are not liable for traffic fines, tolls, missed appointments, fuel, vehicle damage, accidents, injuries or losses that result from following, or not following, information the Service showed; and our total liability for all claims relating to the Service in any twelve-month period is limited to the greater of the amount you paid us for the Service in that period and one hundred Peruvian soles (S/ 100). These limits do not apply to liability that the law does not allow us to limit, including liability for death or personal injury caused by our negligence, for fraud, or for gross negligence or wilful misconduct.
16. Your responsibility for your use
You will compensate us for claims, losses and reasonable costs (including legal fees) brought against us by a third party because of your breach of these Terms, your content, your driving, or your unlawful use of the Service, to the extent the law allows.
17. Apple and Google
17.1 Apple App Store
If you got the app from Apple's App Store, these additional terms apply, as Apple requires: these Terms are between you and us only, not Apple, and we alone are responsible for the app and its content. Your licence is limited to a non-transferable licence to use the app on Apple-branded products you own or control, as Apple's Licensed Application End User License Agreement's Usage Rules allow, including through Family Sharing or volume purchasing where offered. We, not Apple, provide maintenance and support; Apple has no obligation to furnish any. If the app fails to conform to a warranty that applies, you may notify Apple and Apple will refund the purchase price to you; to the fullest extent the law allows Apple has no other warranty obligation, and any other claim, loss or cost attributable to a failure to conform is our responsibility. We, not Apple, are responsible for addressing any claim by you or a third party relating to the app or your possession or use of it, including product liability claims, claims that the app fails to conform to a legal or regulatory requirement, and claims under consumer protection, privacy or similar laws. If a third party claims the app infringes its intellectual property rights, we, not Apple, are responsible for investigating, defending, settling and discharging the claim. You represent that you are not located in a country subject to a US government embargo or designated a "terrorist supporting" country, and that you are not on any US government list of prohibited or restricted parties. You must comply with applicable third-party terms when using the app. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. Our contact details are in section 21.
17.2 Google Play
If you got the app from Google Play, Google is not a party to these Terms and is not responsible for the app, its content or its support; Google Play's own terms apply to your download and purchases.
18. Governing law and disputes
These Terms are governed by the laws of the Republic of Peru. If you are a consumer, you also keep the protections of the mandatory consumer laws of the country where you usually live, and you may use the complaint procedures those laws provide — in Peru, before Indecopi under the Consumer Protection and Defence Code (Law No. 29571). Please write to us first; most disagreements are settled in a few emails. Any dispute that is not settled that way goes to the ordinary courts of Lima, Peru, unless mandatory law in your country gives you the right to sue where you live.
19. Changes to these terms
We may change these Terms as the Service evolves or the law requires. When a change is material, the version and date at the top change and we tell you in the app or in the app's update notes in the store; where the law requires, we will ask you to accept the new terms before you continue. If you do not agree with a change, stop using the Service and delete your account; continuing to use it after the change means you accept the new Terms.
20. General
These Terms and the Privacy Policy are the whole agreement between you and us about the Service. If a part of them is found invalid, the rest stays in force and the invalid part is replaced by the closest valid one. Our not enforcing a term is not a waiver of it. You may not transfer this agreement; we may transfer it to a successor who takes over the Service, and we will tell you if we do. We are not responsible for delays or failures caused by events outside our reasonable control. Where these Terms exist in more than one language, the Spanish version governs for users in Peru and the English version elsewhere.
21. Contact
Laurel Daigneault, Lima, Peru · soporte@dalenav.com · https://dalenav.com