Terms · Dirtmo

The short version#

Riding is dangerous and you ride at your own risk. Dirtmo is not responsible for crashes, injuries, deaths, damage or trespass while you ride, as far as the law allows.
Don’t rely on Dirtmo to keep you safe, find your way or tell you a trail is open. Maps, routes, conditions, statuses, GPS and alerts can be wrong, late or missing.
A mapped line is not permission to ride. Follow the law, the land manager and every closure.
Dirtmo is offered in Canada and the United States, to adults: 18 or older, or the age of majority where you live if higher.
British Columbia law applies; Canadians can also sue at home, and Quebec residents in Quebec.
What you post stays yours. Be decent: we can hide content and close accounts that break these terms.

Who we are and this agreement#

Dirtmo is a dirtbike app for iPhone, Apple Watch and Android, and this website, dirtmo.com. It is operated by its founder as a sole proprietor, doing business as Dirtmo, in British Columbia, Canada (“Dirtmo”, “we”). By making an account, agreeing at sign-in, or using Dirtmo, you agree to these terms and to how we handle your information in the privacy policy. If you don’t agree, don’t use Dirtmo.

Please read “Risk, safety and release” and “Limits on our liability”. They limit your rights, including your right to sue us if you are hurt or killed.

If you got the app from Apple’s App Store, these terms are between you and Dirtmo, not Apple, and Dirtmo alone is responsible for the app and its content. Your licence to use the app is Apple’s standard Licensed Application End User License Agreement, and these terms add to it. You may use the app on Apple devices you own or control, as Apple’s terms allow; you can’t transfer this right. Apple has no duty to maintain or support the app. If the app fails a warranty that applies to it, you can tell Apple, which will refund any price you paid for it; Apple has no other warranty duty. Apple is not responsible for any claim about the app, including product liability, legal or regulatory compliance, consumer protection, privacy and intellectual property claims; Dirtmo handles them. You confirm you aren’t in a country under a US government embargo or named by the US government as supporting terrorism, and you aren’t on a US government list of prohibited or restricted parties. You’ll follow any third-party terms that apply when you use the app, such as your phone carrier’s. Apple and its subsidiaries are third-party beneficiaries of these terms and may enforce them against you. Questions and complaints about the app go to support@dirtmo.com.

If you got the app from Google Play, these terms are between you and Dirtmo, not Google, and Google Play’s own terms apply to your use of Google Play.

Where Dirtmo is offered#

Dirtmo is offered only to people in Canada and the United States, and the apps are only in those countries’ app stores. If you use Dirtmo from anywhere else, including while travelling, you do so on your own, you are responsible for following the law there, and these terms and our privacy policy still apply as written. We may limit or close access from other countries.

Your account#

You must be an adult where you live to make an account: 18 or older, or the age of majority where you live if higher (19 in British Columbia, New Brunswick, Newfoundland and Labrador, Nova Scotia, Yukon, the Northwest Territories, Nunavut, Alabama and Nebraska; 21 in Mississippi). If we learn an account belongs to someone younger, we close it.
An account is for one person. Use an email you control: anyone who can read it can sign in as you.
Pick a username that is yours. It can’t pretend to be Dirtmo, our staff, a club or another person.
You’re responsible for what happens on your account. Tell us at support@dirtmo.com if someone else gets in.
Maps and trails can be browsed without an account; recording and everything social need one. Following a rider as their Pit crew needs no account; these terms, and the Pit crew section, apply to you when you use it.

Risk, safety and release#

OFF-ROAD MOTORCYCLE RIDING IS DANGEROUS. YOU CAN BE BADLY HURT, PARALYSED OR KILLED, AND YOU CAN HURT OTHERS OR DAMAGE PROPERTY. The dangers are part of the sport and can’t all be removed: falls and crashes; rocks, roots, ruts, drops, mud, water crossings, ice and loose ground; washouts, fallen trees and other hazards that change without warning; other riders, vehicles, people and animals on the trail; weather, wildfire and darkness; getting lost, stuck or hurt far from help, with no phone signal; mechanical failure; and your own mistakes, fitness and judgement.

You choose whether, where, when and how you ride. You accept these dangers and all of their risk, including risks we don’t list here and risks that come from information in Dirtmo. Dirtmo gives you information; it does not make any trail, route or ride safe, and it does not supervise you.

Your part. When you ride, you agree to:

ride within your ability and your bike’s. Difficulty ratings, times, levels, rankings and badges are guides, not advice about what you can ride, and never a reason to ride faster;
follow the law, including off-road vehicle rules, licences, registration, insurance and age rules for riders and bikes;
obey signs, closures and the land manager’s rules;
wear a helmet and the protective gear the ride calls for, and keep your bike in safe working order;
never handle your phone or watch while riding. Mount it securely if you use it, and stop somewhere safe before you look at it or touch it;
carry what you need to find your way and get help without the app, and tell someone where you’re going and when you’ll be back.

Don’t rely on Dirtmo for safety. It is not a navigation, safety, rescue or emergency service. In an emergency, call 911.

Maps, trails and routes (including Route here and Back to start) can be wrong, out of date or missing, and a route can lead somewhere closed, unsafe or impassable.
GPS and recordings can be wrong, late or missing, especially without signal, with a low battery, or after the phone stops the app.
Live location and Pit crew, with its Back by time and late or stopped alerts, can stop, lag, be wrong or never arrive. Nobody at Dirtmo is watching them, and nobody comes to look for you.
Trail conditions and reports from riders are what someone saw once and can be wrong or stale. Club statuses (open, under caution, closed) can be out of date.
Other riders, including people you meet through Looking for riders, are not checked by Dirtmo.

Use your own eyes and judgement over anything the app shows. If the trail in front of you disagrees with the app, believe the trail.

Closed trails and land access. Dirtmo does not grant or confirm access to any trail or land. A trail on the map may cross private, protected or closed land. Closures, seasonal rules and the land manager’s rules apply whatever the app shows. You decide whether to ride, and you must have permission to ride where you ride.
Routes are only suggestions. Route here, Back to start and any route or loop the app plans for you only suggest a way. A route may lead through hazards, closed trails, private land, or places too hard for you or your bike. Check the way yourself, before and while you ride.
Not an emergency service. Dirtmo has no SOS, and nobody is watching your ride. There may be no signal where you ride. In an emergency, call 911.

RELEASE AND WAIVER: YOU GIVE UP YOUR RIGHT TO SUE. TO THE FULLEST EXTENT THE LAW ALLOWS, YOU RELEASE THE RELEASED PEOPLE FROM, AND AGREE NOT TO SUE THEM FOR, ANY CLAIM FOR INJURY, DEATH, LOSS OR DAMAGE THAT COMES FROM YOUR RIDING, YOUR TRIPS TO AND FROM A RIDE, OR YOUR USE OF DIRTMO, INCLUDING CLAIMS CAUSED BY DIRTMO’S OWN NEGLIGENCE, ITS FOUNDER’S NEGLIGENCE OR THE NEGLIGENCE OF ANY OTHER RELEASED PERSON.

“The released people” are Dirtmo, its owners (including its founder), the people who work or volunteer for it, and its service providers; and clubs, their volunteers and other riders, but only for the information they share in Dirtmo, such as trail lines, statuses, condition reports and posts. This release does not cover a claim against another rider for how they ride, such as a collision, or against a club for something it does outside Dirtmo, such as running an event. It covers, for example: a crash on a trail Dirtmo showed you; a route, status, condition report or map that was wrong; an alert that came late or never; GPS or a recording that failed; damage to your bike or to someone’s property; and fines or trespass claims. As far as the law allows, it also binds your heirs, family and anyone claiming for you.

This release is meant to be as broad as the law where you live allows. It does not cover harm caused on purpose, recklessly or by gross negligence, or anything else the law does not let us exclude. If part of it can’t be enforced where you live, the rest still stands. See where the law limits these terms.

Pit crew#

If you follow a rider as their Pit crew, these terms apply to you, even without an account, and you must be an adult where you live, as “Your account” says.

PIT CREW IS NOT A SAFETY, MONITORING OR EMERGENCY SERVICE. It shows what the rider’s phone last sent and sends alerts on a timer. Positions and alerts can be late, wrong or never arrive, for example when the rider’s phone has no signal or a flat battery, the app has been stopped, or your phone blocks notifications. Nobody at Dirtmo watches rides or sends help. No alert doesn’t mean the rider is OK. If you’re worried, call the rider, and if you can’t reach them, call 911.

If you ride with a Pit crew, don’t count on it to get you help. Set a Back by time for every ride, tell your crew where you’re going and what to do if they can’t reach you, and carry another way to call for help.

TO THE FULLEST EXTENT THE LAW ALLOWS, YOU GIVE UP ANY CLAIM AGAINST DIRTMO, ITS OWNERS (INCLUDING ITS FOUNDER) AND THE PEOPLE WHO RUN IT FOR LOSS OR HARM THAT COMES FROM PIT CREW, INCLUDING POSITIONS OR ALERTS THAT WERE LATE, WRONG OR MISSING, AND INCLUDING CLAIMS CAUSED BY DIRTMO’S OWN NEGLIGENCE OR ITS FOUNDER’S. This doesn’t cover harm caused on purpose, recklessly or by gross negligence. For a rider, this adds to the release above. Where the law limits these terms applies to you too.

Trail access and conditions#

A mapped line is not permission to ride. Trails can cross private land, sit in closed or protected areas, or close for the season, for logging, for fire or for repair. It is your job to know you are allowed to ride where you ride. Check with the club or the land manager. You alone are responsible for trespass, damage, fines and tickets that come from where you ride.

Only the club responsible for a trail can mark it open, under caution or closed. With no word from the club, a trail’s status is unknown, and unknown is never open.
A club’s status can be out of date. Conditions, reports and trails proposed by riders are what someone saw or rode once, and can be wrong.
We don’t check trails on the ground and don’t promise any information is accurate, complete or current.

What you post#

Your rides, posts, photos, comments, condition reports and proposed trails stay yours. You give Dirtmo a worldwide, non-exclusive, royalty-free licence to store, copy, process and display them to run Dirtmo: to show them to the audience you choose, make the cleaned-up maps others see, match rides to trails, and count them in anonymous totals. The licence ends when you delete the content or your account, except for anonymous totals, copies others already kept (such as a ride a friend saved offline), and any backups until they expire.

Post only what you have the right to post. Import only your own rides: don’t upload someone else’s GPS tracks or photos without their permission.

If you send us a map with Send us a trail, you confirm you made it or have permission to share it, and you let Dirtmo use it to improve its maps.

Trail lines come from clubs and riders and are shown for riding. Copying, scraping or bulk downloading them is not allowed. Club pages and posts belong to their clubs. The basemap uses OpenStreetMap data, © OpenStreetMap contributors, under the Open Database License, built with Protomaps; trail heights come from Natural Resources Canada under the Open Government Licence – Canada. The apps’ open-source software and its licences are listed under Map credits and Acknowledgments in Settings.

How to behave#

Don’t use Dirtmo to:

harass, threaten, bully or hate on anyone, or post sexual content or violence;
share someone else’s private information, such as where they live or their phone number;
post fake condition reports, fake trails or fake times, or pretend to speak for a club;
promote riding where it isn’t allowed, dangerous stunts, racing on open trails, or anything illegal;
spam, sell, or post links to scams;
scrape, copy or bulk download trails, profiles or rides, or use bots;
break, probe or get around Dirtmo’s security, rate limits or privacy rules, or reverse engineer the app, except where the law allows it.

Dirtmo has zero tolerance for objectionable content and abusive riders. Slurs and abuse are blocked when you post, and we remove content that breaks these rules and suspend or close the accounts behind it.

Looking for riders connects you with people you may not know. Dirtmo doesn’t check who riders are. Meet in public places, ride with people you trust, and use your judgement.

Reports and moderation#

Report posts, comments and profile photos from their ··· menu, and block anyone you don’t want to hear from (see Help). Dirtmo’s moderators, and a club’s moderators for its own posts, can hide content that breaks these terms; a reason is kept for every decision. We review reports within 24 hours, and something you report is hidden from you straight away. We can also limit, suspend or close an account that breaks these terms or puts others at risk. If you think we got it wrong, email support@dirtmo.com.

Clubs#

Club pages and club tools are free. What a club publishes (its page, posts, trail statuses and access choices) is the club’s, and the club is responsible for it. Memberships are sold by each club on its own site; Dirtmo takes no payment. A seal on a club means Dirtmo checked it; it doesn’t mean Dirtmo speaks for the club or that the club endorses Dirtmo. Clubs and their volunteers don’t supervise your riding through Dirtmo.

Dirtmo Pro#

While Pro is free for everyone, every account has it. We may also give Pro through a club code or a gift. Dirtmo sets how many new riders get free Pro and for how many months for each club. Your club months start when charging starts, or when you join if charging has already started. The end is shown in the app’s Settings.

What Pro includes, and whether it stays free, can change. If we ever charge for it, you’ll see the price and choose before paying anything, payment will go through Apple or Google Play, and we’ll update these terms first.

A club code’s benefit is for new accounts only, once per email for life, while places remain. Gmail dots and +tags count as the same email, including googlemail.com addresses. We keep a coded email record, made with a secret key, after account deletion to apply this rule, as the privacy policy explains. If places are taken, you can still sign up; the code adds no free Pro or club follow.

Ending your account#

You can delete your account at any time in the app (You → Settings → Edit profile → Delete account); the privacy policy says what is removed. We can suspend or close your account if you break these terms, if the law requires it, or if we stop offering Dirtmo. Where we reasonably can, we’ll tell you first so you can export your rides. Sections that by their nature should last, like risk, safety and release, Pit crew, licence limits, liability, indemnity and governing law, still apply after an account ends.

No guarantees#

DIRTMO IS PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT THE LAW ALLOWS, WE MAKE NO PROMISES, EXPRESS OR IMPLIED, THAT IT WILL BE ACCURATE, RELIABLE, SAFE, UNINTERRUPTED OR FREE OF ERRORS, OR THAT IT FITS ANY PURPOSE, INCLUDING NAVIGATION, TRAIL ACCESS OR YOUR SAFETY. Where the law doesn’t allow some of these exclusions, they apply only as far as it does.

Limits on our liability#

TO THE FULLEST EXTENT THE LAW ALLOWS, DIRTMO, ITS OWNERS (INCLUDING ITS FOUNDER) AND THE PEOPLE WHO RUN IT ARE NOT LIABLE FOR INJURY, DEATH, DAMAGE TO PROPERTY OR BIKES, TRESPASS CLAIMS, FINES, LOST DATA, OR ANY INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL LOSS, ARISING FROM YOUR RIDING, YOUR USE OF DIRTMO, OR INFORMATION IN IT, INCLUDING INFORMATION FROM OTHER RIDERS OR CLUBS, AND INCLUDING LOSS CAUSED BY DIRTMO’S OWN NEGLIGENCE OR ITS FOUNDER’S, EVEN IF WE WERE TOLD IT COULD HAPPEN.

Where Dirtmo, its founder or the people who run it are liable anyway, including for their own negligence, their total liability for all claims together is limited to the greater of what you paid Dirtmo in the 12 months before the claim, or 100 Canadian dollars.

Nothing in these terms limits liability for harm we cause on purpose, recklessly or by gross negligence, or any other liability, or any right you have as a consumer, that the law where you live does not allow to be limited or given up. See where the law limits these terms.

Covering claims you cause#

As far as the law allows, you agree to cover Dirtmo and the people who run it for claims, losses and reasonable legal costs brought by someone else that come from your riding, what you post, or your breaking these terms or the law, for example a landowner’s claim for riding on their land or a claim by someone you injured. We’ll tell you about such a claim and let you take part in answering it.

Where the law limits these terms#

The release (including the Pit crew release), the limits on our liability and the indemnity apply as far as the law where you live allows. If part of them can’t be enforced, only that part falls, and the rest still stands. In particular:

Everywhere: they don’t cover harm caused on purpose, recklessly or by gross negligence.
Quebec: nothing in these terms excludes or limits our liability for bodily or moral injury, for intentional or gross fault, or for our own act, and nothing takes away your rights under Quebec’s Consumer Protection Act. You can sue in Quebec and join a class action.
Louisiana, Virginia and Montana: the release and the limits on our liability don’t apply to claims for bodily injury or death.
Arizona: whether the release or your acceptance of risk defeats a claim is for a jury to decide, as Arizona’s constitution (article 18, section 5) says.
New Jersey: in “The short version”, “Risk, safety and release”, “Pit crew”, “No guarantees”, “Limits on our liability” and “Covering claims you cause”, nothing applies to harm caused on purpose, recklessly or by gross negligence. Apart from that, those sections apply in New Jersey as written, and so does every other part of these terms.
Under the age of majority: Dirtmo is for adults; if someone under the age of majority uses it anyway, these terms bind them only as far as the law allows.

Even where the release doesn’t apply, the warnings in these terms still tell you about the risks you choose to take.

Governing law and disputes#

These terms, and any claim between you and Dirtmo that comes from them or from your use of Dirtmo, whether in contract, negligence or otherwise, are governed by the laws of British Columbia and the federal laws of Canada that apply there, without regard to rules that would apply another place’s law.

Where to bring a claim. Claims go to the courts of British Columbia, and you and we agree to their jurisdiction. Claims up to CA$5,000 can go to British Columbia’s Civil Resolution Tribunal, which works online. Two exceptions:

If you live in Canada outside British Columbia, you may also bring a claim in the courts of your province or territory. If you live in Quebec, you can always sue in Quebec (see where the law limits these terms).
If you live in the United States or anywhere else, the courts of British Columbia are the only place to bring a claim, unless the law where you live gives you a right to sue there that a contract can’t take away.

If you are a consumer, you keep the protections of the law where you live that can’t be changed by contract. These terms have no arbitration clause and no class action waiver.

If you have a problem, please email support@dirtmo.com first so we can try to sort it out within 30 days. This is a request, not a condition: you don’t have to do it before going to court, and it doesn’t extend or shorten any deadline.

If a court finds part of these terms can’t be enforced, it is limited only as much as needed, and the rest still stands. If we don’t enforce a part, we haven’t given it up. You can’t transfer these terms; we can, to whoever takes over Dirtmo.

Changes to these terms#

We’ll post changes here and update the date at the top. If a change matters, we’ll tell you in the app or by email at least 30 days before it takes effect, showing what changes, and may ask you to agree again. Using Dirtmo after that means you accept the new terms; if you don’t, you can delete your account at no cost. A change never applies to a dispute that started before it.

Contact#

Questions about these terms or claims about the app: support@dirtmo.com. For how-to answers, see Help.