Terms of Use

Your licence to use the Software

We grant you a personal, limited, non-exclusive, non-transferable, revocable licence to install and use the Software for creating rally roadbooks, for as long as you comply with these terms and, where a paid plan applies, keep that subscription current.

This is a licence, not a sale. We and our licensors keep ownership of the Software. You get the right to use it, and nothing else is granted to you by implication or otherwise.

Free, Premium and Pro

The Free and Premium versions are both for personal, non-commercial use. Roadbooks they produce carry a "Not for Commercial Use" marking, and that marking is part of the licence terms, not a cosmetic detail.

A Pro Rally subscription grants a commercial licence and removes that marking. If you produce roadbooks for a paid event, for a client, or for any other commercial purpose, you need a current Pro subscription for the entire period in which you do so. Removing, obscuring, editing or otherwise defeating the marking without a Pro licence is a breach of these terms and an infringement of our copyright.

Ownership of the Software

The Software, this website, and everything in them are owned by Rally Navigator, LLC or licensed to it, and are protected by copyright, trademark and other laws. That includes the source code and object code, the interface design and layout, the navigation icon libraries and all icon artwork, the tulip diagram artwork, the written text and documentation on this site, the screenshots, the sample roadbook and GPX, KMZ and KML files we publish, and the compilation and arrangement of all of it.

"Rally Navigator" and the Rally Navigator logo are our trademarks. You may not use them, or anything confusingly similar to them, as the name of or branding for your own product or service, or in a way that suggests we produced, sponsored or endorsed something we did not.

What you may not do

You may not, and may not permit anyone else to:

Copy or redistribute. Copy, publish, distribute, sell, rent, lease, sublicense, lend or share the Software or any part of it, except for the backup copies you need for your own use.

Reverse engineer. Reverse engineer, decompile, disassemble, unpack, extract, decrypt or otherwise attempt to derive the source code, file formats, algorithms or internal structure of the Software, except to the narrow extent that applicable law expressly permits despite this restriction.

Build derivative or competing works from ours. Create derivative works of the Software, or use the Software, its code, its artwork, its interface, its documentation or its output as the source, reference or training material for developing any product or service that competes with Rally Navigator.

Circumvent licensing. Bypass, disable, tamper with or work around any licence check, activation, subscription verification, usage limit or technical protection measure, or use the Software with a licence key you did not obtain from us.

Scrape or harvest. Use any robot, spider, crawler, scraper, headless browser or other automated means to access, copy, index, monitor or collect content from this website or the Software, or mirror or frame any part of this website, other than the ordinary operation of a public search engine obeying our robots.txt.

Strip notices. Remove, obscure or alter any copyright, trademark, watermark, attribution or other proprietary notice in the Software or its output.

Interfere. Probe or test the security of our systems, overload or disrupt our servers or network, or access any account, system or data you have not been given permission to access.

Your roadbooks and your content

The roadbooks, routes, tracks, notes and files you create with the Software are yours. We claim no ownership of them, and we do not licence them from you. You are responsible for having the rights to any map data, imagery, logos, photographs or other material you bring into a roadbook, and for how you use and distribute the result.

Maps and third-party data

The Software can display map and imagery layers supplied by third parties, including Google, Mapbox, ESRI, USGS, IGN France, IGN Spain, OpenStreetMap, OpenTopoMap and CyclOSM. Those layers are owned by those providers and supplied under their own terms and licences, including their rules on attribution, caching, printing and commercial use. Your use of them is between you and them, and it is your responsibility to comply. Availability and coverage can change or be withdrawn by a provider at any time, and we cannot guarantee any layer will keep working.

Subscriptions and payment

Paid plans are billed in advance for the term shown at checkout and renew automatically at the then-current price unless you cancel before the renewal date. You can cancel at any time; cancelling stops future billing and your access continues to the end of the term you have already paid for.

Payments are handled by our payment processors, currently Stripe and PayPal, under their own terms. We may change our prices, and any change takes effect at your next renewal, not during a term you have already paid for. If a payment fails or is reversed, we may suspend the paid features until it is resolved.

Safety and navigation

Rally Navigator is a roadbook authoring tool. It is not a certified navigation, survey or safety system, and it is not a substitute for your own judgement, reconnaissance and verification.

Distances, headings, elevations, GPS coordinates, tulip diagrams and map imagery can be inaccurate, out of date or wrong. Before anyone relies on a roadbook you produce, you are responsible for checking it against the ground and against the rules of the governing body for your event. Do not use the Software while driving or riding. You are responsible for the safety of your event, your route and the people following it.

No warranty

The Software is provided "as is" and "as available", without warranties of any kind, whether express, implied or statutory, including any implied warranty of merchantability, fitness for a particular purpose, accuracy, or non-infringement. We do not warrant that the Software will be uninterrupted, error-free, or that any defect will be corrected. Some jurisdictions do not allow the exclusion of certain warranties, so parts of this section may not apply to you.

Limitation of liability

To the fullest extent permitted by law, Rally Navigator, LLC is not liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost data, lost goodwill, or business interruption, arising out of or relating to the Software, however caused and on any theory of liability. Our total liability for all claims relating to the Software is limited to the amount you paid us in the twelve months before the event giving rise to the claim. Some jurisdictions do not allow these limitations, so parts of this section may not apply to you.

Indemnity

You agree to indemnify and hold harmless Rally Navigator, LLC against any claim, loss, liability, cost or expense, including reasonable legal fees, arising from your use of the Software, your breach of these terms, your infringement of anyone else's rights, or any roadbook or event you produce or run using the Software.

Termination

We may suspend or terminate your licence and your account if you breach these terms. On termination, your right to use the Software ends and you must stop using it and remove your installed copies. The sections on ownership, restrictions, warranty, liability, indemnity and governing law survive termination. Nothing in this section limits any other remedy available to us.

Reporting infringement

If you believe material on this site infringes your copyright, email mike@rallynavigator.com with the work you say has been infringed, where the material is on our site, your contact details, and a statement that you believe in good faith that the use is not authorised and that your notice is accurate. We investigate every notice we receive.

Governing law

These terms are governed by the laws of the State of Nevada, United States, without regard to its conflict of laws rules, and the state and federal courts located in Washoe County, Nevada have exclusive jurisdiction over any dispute arising out of them. You consent to the personal jurisdiction of those courts. If any part of these terms is found unenforceable, the rest stays in force. Our not enforcing a term on one occasion is not a waiver of it.

Changes to these terms

If we change these terms we will post the updated version here and change the date at the top of this page. Continuing to use the Software after a change means you accept the updated terms.

Privacy

How we handle your information is covered separately in our Privacy Policy, which forms part of these terms.