Legal
Terms of Service
Please read these Terms of Service ("Terms") carefully before using the DirtGPS mobile application ("App") or website ("Site") operated by DIRTGPS PTY LTD ("we", "us", or "our"). By downloading or using the App, you agree to be bound by these Terms.
1. Acceptance of Terms
By accessing or using DirtGPS, you confirm that you are at least 13 years of age (or the minimum age required in your jurisdiction) and agree to these Terms. If you do not agree, do not use the App or Site.
2. Description of Service
DirtGPS is an off-road navigation application for iOS devices developed and operated by DIRTGPS PTY LTD. The App provides GPS navigation, track recording, waypoint management, offline map downloads, optional live location tracking and live video streaming, and related features for use in off-road driving, trail riding, prerunning, and overland exploration.
3. Safety and Responsible Use
Important Safety Notice. DirtGPS is a navigation aid tool and is NOT a substitute for proper off-road training, route planning, or safety equipment. You are solely responsible for your own safety and the safety of others when operating a vehicle.
- Never operate a mobile device while driving in a manner that distracts you from safely controlling your vehicle.
- Always observe local laws regarding mobile device use while driving.
- GPS accuracy may vary depending on terrain, device hardware, atmospheric conditions, and signal availability. Do not rely solely on DirtGPS for critical navigation decisions.
- Offline maps and cached data may become outdated. Always verify route conditions before heading out.
- DirtGPS does not verify the accuracy, safety, or legality of any route, track, or waypoint. You are responsible for ensuring your route is legal, safe, and within your skill level.
- Voice navigation and callouts. Voice callouts, pace notes, distances, lap counts and other spoken or on-screen guidance are generated automatically from GPS data and content you created. They may be wrong, early, late, missing, or out of order, including as a result of GPS error, terrain, device conditions, or mistakes in your own waypoints. Voice guidance is an aid only. Never rely on a callout in place of what you can see. You are always responsible for reading the terrain and driving to the conditions.
- Live features require internet. Live tracking, live streaming, multistreaming and pit crew messaging all require an active internet connection on the sending and receiving devices (for example mobile service or satellite internet at the track). These features degrade or stop entirely without coverage, and messages or positions may be delayed or lost.
- Assumption of risk. Off-road driving and motorsport are inherently dangerous activities that can result in serious injury, death, or property damage. You participate at your own risk. To the maximum extent permitted by law, you assume all risks associated with using the App in connection with those activities.
4. Intellectual Property
The DirtGPS App, including its design, code, graphics, name, logo, and all related intellectual property, is owned by DIRTGPS PTY LTD and protected by applicable intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the App without our explicit written permission.
Map data is provided by Mapbox, subject to Mapbox's own terms of service. Satellite imagery and other third-party data are subject to their respective provider terms.
5. User-Generated Content
You retain ownership of all tracks, waypoints, and data you create within the App. Data is stored locally on your device. When you export or share content (e.g., GPX files), you are responsible for ensuring that sharing complies with applicable laws and does not infringe third-party rights.
6. Live Tracking and Streaming
The optional Live feature lets you broadcast your location, and optionally live camera video, to a live map viewable by others. By going live you acknowledge and agree that:
- You control your session's visibility. A Public session is visible to anyone on the public live map; a Private session is visible to anyone who has your watch link. Sharing your watch link makes your live position (and camera video, if streaming) visible to whoever holds that link.
- You retain ownership of the content you broadcast. You grant DIRTGPS PTY LTD a non-exclusive, worldwide, royalty-free licence to receive, transmit, display and technically process that content solely for the purpose of operating the live map and watch pages while your session is live.
- You are solely responsible for the content of your streams, including video and audio. You must hold all necessary rights to what you broadcast, and you must not stream content that is unlawful, infringing, or that records identifiable people or private property where consent or authority is required and has not been obtained.
- If you configure streaming to third-party platforms (for example YouTube or Facebook), your use of those platforms is subject to their terms, and you are responsible for complying with them.
- We may interrupt, suspend or terminate any live session or streaming access at our discretion, including where we believe these Terms are being violated.
- Pit crew messaging. If you share your pit crew link, anyone holding that link can send messages that are displayed in the App and may be read aloud while you drive. You are responsible for who you share the link with, and for the content of messages sent by your crew. Reset the link at any time to disable the old one. Messages may be delayed or undelivered where either side lacks internet coverage.
- Live features depend on network coverage and third-party infrastructure and are provided without any guarantee of availability, continuity, or timely delivery (see Sections 9 and 10). All live features require an active internet connection.
7. Subscriptions and Purchases
Some features of DirtGPS require a paid subscription (for example PRO or PREMIUM). Subscriptions are purchased and billed through your Apple ID via the App Store, and Apple's payment terms apply.
- Prices are shown in the App before purchase. Where a free trial is offered, the subscription begins charging when the trial ends unless cancelled at least 24 hours before.
- Subscriptions renew automatically unless cancelled at least 24 hours before the end of the current period. Manage or cancel any time in your device Settings under your Apple ID, then Subscriptions.
- Refunds are handled by Apple under Apple's refund policies. We cannot issue App Store refunds directly.
- We may change subscription pricing for new purchases. Price changes for existing subscribers are handled through Apple's standard consent process.
8. Prohibited Uses
You agree not to:
- Use DirtGPS in any manner that violates applicable law or regulation
- Reverse engineer, decompile, or attempt to extract source code from the App
- Use the App in any way that could damage, disable, or impair our services
- Attempt to gain unauthorised access to any systems or networks related to DirtGPS
- Use the App for any commercial purpose without our written consent
9. Disclaimer of Warranties
DirtGPS is provided "as is" and "as available" without warranties of any kind, either express or implied. DIRTGPS PTY LTD does not warrant that:
- The App will be error-free, uninterrupted, or continuously available
- GPS data will be accurate or meet your specific navigation requirements
- Maps, routes, or waypoints reflect current real-world conditions
- The App will be compatible with all iOS devices or future operating system versions
- Voice callouts or other navigation guidance will be accurate, timely, complete, or delivered at all
- Live tracking, live streaming, or pit crew messaging will be available, uninterrupted, or delivered without delay or loss
10. Limitation of Liability
To the maximum extent permitted by applicable law, DIRTGPS PTY LTD and its officers, employees, and developers shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the App, including but not limited to vehicle damage, personal injury, property damage, or financial loss, even if we have been advised of the possibility of such damages.
Our total liability to you for any claim arising from these Terms or your use of the App shall not exceed the amount you paid for the App (if any) in the 12 months preceding the claim.
Australian Consumer Law. Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy under the Australian Consumer Law or any other law that cannot lawfully be excluded. To the extent our liability for breach of a non-excludable guarantee can be limited, it is limited, at our option, to resupplying the relevant services or paying the cost of having them resupplied.
11. Third-Party Services
The App integrates third-party services including Mapbox (maps), Apple StoreKit (subscriptions), Supabase (live tracking and messaging infrastructure), Cloudflare Stream (live video delivery), and any third-party streaming platforms you choose to send video to. Your use of all third-party services is subject to their respective terms and privacy policies. DIRTGPS PTY LTD is not responsible for the content, availability, or practices of any third-party services. Apple is not a party to these Terms and has no responsibility for the App or its content.
12. Changes to the App and Terms
We reserve the right to modify, suspend, or discontinue the App at any time with or without notice. We may also update these Terms from time to time. The updated Terms will be posted with a revised "Last updated" date. Continued use of the App after changes constitutes acceptance of the new Terms.
13. Termination
We reserve the right to terminate or restrict your access to the App at any time, without notice, if you violate these Terms or for any other reason at our sole discretion.
14. Governing Law
These Terms are governed by and construed in accordance with the laws of Australia, where DIRTGPS PTY LTD is incorporated, without regard to conflict of law principles. Any dispute arising from these Terms shall be resolved in the courts of the relevant Australian jurisdiction.
15. Contact Us
If you have questions about these Terms, please contact us:
DIRTGPS PTY LTD
Email: support@dirtgps.com