Terms of service
In short
- dalecheck is a tool businesses use to plan work across their branches and to see it get done. By creating an account, joining a workspace or using this website, you agree to these terms.
- The business that sets up a workspace controls it. It decides which tasks ask for photos, selfies or a location, and it is responsible for having the right to ask its people for them and for telling them how it uses their records.
- You keep ownership of what you add. We only use it to run dalecheck for you and your business, as our privacy policy describes.
- Plans are priced in US dollars and renew monthly or yearly until you cancel. Upgrades apply right away; downgrades take effect at the end of the current billing period. An unpaid plan moves to the default plan after a grace period.
- You can cancel a plan, hand a business to someone else or delete a business or your account at any time. Nothing you record for a business is lost when a plan ends, but a smaller plan can hide older history.
- We work hard to keep dalecheck running, but we provide it as it is, without promising it will never be unavailable, and our liability to you is limited. See Disclaimers and Limitation of liability.
1. Who we are and what you agree to
dalecheck is developed and operated by the dalecheck team, Ticuantepe, Managua, Nicaragua ("dalecheck", "we", "us"). These terms are a contract between you and us. They cover this website, dalecheckapp.com, and the dalecheck app on Android, iOS and the web at app.dalecheckapp.com, together with the services behind them.
You agree to these terms when you create an account, accept an invitation to a business, open the app, or use this website. If you do not agree with them, please do not use dalecheck. If you are using dalecheck on behalf of a business, you confirm that you have the authority to accept these terms for it, and "you" then means that business as well.
Our privacy policy explains what information we collect and how we use it. It is part of these terms. Where the two say different things about information, the privacy policy wins.
2. A few words we use
- Business, workspace
- A company or organisation that sets up dalecheck for its team. Its workspace is everything it keeps in dalecheck: its branches, members, tasks, settings, plan and records.
- Branch
- A place the business's team works from: a restaurant, a store, a station, a hotel, an office. Tasks are scheduled per branch.
- Member
- A person who has been invited to a business and has joined it. Each member has a role and permissions, such as owner, admin, manager, reviewer or worker, that decide what they can see and do.
- Owner
- The one member who holds the business: its plan and billing, the right to transfer it and the right to delete it.
- Content, proofs
- Anything you or your team add to dalecheck: task descriptions, checklists, reference files, comments, and the proofs a task asks for, such as photos, videos, audio recordings, selfies and locations.
- Default plan
- The plan every new business starts on, and the plan a business returns to when a paid plan ends.
3. Your account
- Who can use dalecheck. dalecheck is a workplace tool. You must be at least 16 years old to have an account, and old enough to work where you live. It is not meant for personal or family use.
- Accurate details. Give us a real name and an email address you control, and keep them up to date. We send verification codes, invitations and account notices to that address.
- Keep it safe. Your account is yours alone. Do not share your password or let someone else sign in as you, and tell us right away at [email protected] if you think it has been used without your permission. You can see every signed-in device under Manage sessions and sign any of them out. You are responsible for what is done with your account until you tell us otherwise.
- Google sign-in. If you sign in with Google, Google's terms apply to your Google account. We never receive your Google password.
- Invitations. A business invites you by email. You can decline an invitation, and you can leave a business at any time. Being removed from a business ends your access to its workspace; the work you did there stays with the business, as the privacy policy explains.
4. If you run a business on dalecheck
When you set up a workspace, you decide what it contains: the branches, who is invited and with what role, which tasks exist, and what proof each task asks for. In return, the business takes on a few responsibilities.
- Your members. You are responsible for the people you invite and for how they use dalecheck in your workspace. Give each member only the permissions they need, and remove people who leave.
- The right to ask for proofs. dalecheck can require photos, videos, audio, a selfie, a checklist or a location to complete a task. You may only turn those on where the laws that apply to you, including your employment, labour and privacy laws, allow you to ask your staff for them. You are responsible for any consent, notice or agreement those laws require.
- Telling your team. Tell your members how you use the records they create in dalecheck, who at your business can see them and how long you keep them. The privacy policy describes what dalecheck does with that information; what your business does with it is up to you, and you answer for it.
- Your records. The tasks, proofs, comments and history in your workspace are your business's records. You decide what to keep and what to delete, and you are responsible for keeping copies of anything you need outside dalecheck.
- Your owner account. The owner holds the plan and can transfer or delete the business, so protect that account with care. If the owner leaves, hand the business to someone else first (see Cancelling, transferring and deleting).
5. What you may not do
dalecheck works because the people using it can trust the records in it. When you use dalecheck, you agree not to:
- Submit a proof that is not genuine: a photo or video of something other than the work, a selfie of someone else, a location that is not where you are, or a checklist you did not actually complete, or help someone else do so.
- Add content that is illegal, that you have no right to share, or that harasses, threatens or demeans anyone.
- Record people who have not been told they are being recorded, where the law requires that they are.
- Use someone else's account, or try to get into a workspace, branch or record your role does not give you access to.
- Copy, modify, decompile, reverse engineer or try to extract the source code of the app or our services, except where the law gives you that right regardless of this clause.
- Scrape, crawl or collect data from dalecheck with automated tools, or access our services by any means other than the app, the web app and this website.
- Probe, overload, attack or interfere with our services, or get around a limit, a plan restriction or a security measure.
- Resell dalecheck, offer it as your own service, or use it to build a competing product.
- Send spam or unwanted messages through invitations, comments or the contact form.
If you find a security problem, please tell us at [email protected] rather than exploiting it.
6. Your content
You keep what is yours. You and your business own the content you add to dalecheck. We do not claim ownership of it, and we do not use it for advertising or sell it.
The permission we need to run dalecheck. So that we can provide the service, you give us a worldwide, non-exclusive, royalty-free licence to store, copy, resize, transmit, display and process your content, but only as far as that is needed to run dalecheck for you and your business, to keep it secure, to meet the law and as the privacy policy describes. This includes letting the people at your business whose role allows it see your content, and letting our service providers host and deliver it. The licence ends when the content is deleted from dalecheck, except for copies that remain for a limited time in backups.
You are responsible for it. You confirm that you have the right to add your content and to give us this licence, and that it does not break the law or anyone else's rights. We do not review content before it is added, but we may remove content that breaks these terms.
Feedback. If you send us ideas or suggestions, we may use them to improve dalecheck without owing you anything.
7. Plans and billing
Plans and limits
Every business is on exactly one plan. A new business starts on the default plan. Each plan sets limits, such as how many branches, members and active tasks the business can have, how much storage it can use, how many submissions each person can make per month and how many days of history are kept, and which features are included, such as recurring tasks, check-in at the branch, camera-only proof, selfie proof, task attachments, checklists and advanced reports. The plans we offer, their prices, limits and features are shown in the web app under Plan & usage, and they may differ from business to business. Add-ons raise a single limit without changing plan.
Limits are enforced by our servers. When a business reaches one, the action that would go over it is refused and nothing is saved until the plan is upgraded or something is removed. History past the plan's retention is hidden, not deleted, and comes back if the plan is upgraded.
Where plans are bought
Plans and add-ons are chosen and changed in the web app at app.dalecheckapp.com by a member with billing permission. The Android and iOS apps do not sell plans or add-ons; they show the business's plan and usage.
Prices, currency and taxes
Prices are shown in US dollars and are charged in US dollars, monthly or yearly as you choose. Prices do not include taxes. Where we are required to charge a tax on our fees, we add it to the invoice and show it separately. You are responsible for any tax, duty or bank charge that applies on your side of the payment.
Trials
Some plans include a free trial. A business can use a trial once. During a trial the plan and any add-ons you add are free. When the trial ends, we invoice the plan and add-ons for the first billing period unless you cancelled before then, in which case the business returns to the default plan and nothing is charged. The app shows the date your trial ends.
Renewals and invoices
A paid plan renews automatically at the end of each billing period, monthly or yearly, until you cancel it. At the start of each period we issue an invoice for the plan and the add-ons the business holds. Each invoice has a due date, which is shown on it. We tell you how to pay when you choose a paid plan. If we use a payment processor to take payments, its terms apply to the payment details you give it, and we do not see your full card details.
Upgrades, downgrades and add-ons
- Upgrades apply right away. If you move from a paid plan to a more expensive one, you are credited for the unused days of the old plan and its add-ons and charged for the remaining days of the new one. Moving from monthly to yearly starts a new yearly period right away.
- Downgrades take effect at the end of the current billing period, as does moving from yearly to monthly billing. Until then nothing changes and nothing is refunded. You can replace a scheduled downgrade with another one, or cancel it by upgrading.
- Changing plan removes your add-ons, because add-ons are priced per plan. Add them again on the new plan if you still need them.
- Add-on increases apply now; decreases take effect at the end of the billing period.
If an invoice is not paid
If an invoice is not paid by its due date, the plan becomes past due and the app tells the business's owner and admins. There is then a grace period. During it dalecheck keeps working, but once the grace period ends upgrades and add-ons are blocked until the invoice is paid. If it is still unpaid when the grace period is over, the business moves to the default plan and its add-ons are removed. Nothing in the workspace is deleted, but anything over the default plan's limits can no longer grow, and older history may be hidden. Open invoices for the plan that ended are closed and no longer collected; any amount you had already paid for that period is not refunded.
Refunds
Except where these terms or the law say otherwise, fees are not refundable: cancelling a plan or downgrading does not refund the current period, and you keep the plan until it ends. If you believe you were charged in error, write to [email protected] within 30 days of the invoice and we will look into it.
Price changes
We may add, change or retire plans and add-ons. A change does not affect the plan you are already on until we tell you. If we change the price of the plan you are on, we tell the business's owner before it applies, and you can cancel or change plan before then.
8. Cancelling, transferring and deleting
- Cancelling a plan. A member with billing permission can cancel the business's paid plan at any time under Plan & usage. The plan stays active until the end of the period you have paid for; then the business moves to the default plan and its add-ons are removed. You can resume a cancelled plan before that date. Cancelling does not delete anything in the workspace.
- Transferring a business. The owner can offer the business to another active member under Manage → Transfer ownership. Nothing changes until that person accepts. When they do, they become the owner and take over the plan, the billing and any invoices from then on, and the previous owner stays on as an admin.
- Deleting a business. Only the owner can delete a business. Deleting it removes its branches, members, tasks, proofs and files, ends its plan, and cannot be undone. A business cannot be deleted while a payment on it is still being processed.
- Deleting your account. You can delete your account in the app or at app.dalecheckapp.com/account/delete. If you own a business where other people are still active, you must transfer or delete it first. What is deleted and what stays with the businesses you worked in is explained in the privacy policy under Deleting your account.
- After the end. The sections of these terms that by their nature should continue, including Your content, Disclaimers, Limitation of liability, Your responsibility for claims and Governing law and disputes, keep applying after your account or business ends.
9. Availability and changes to dalecheck
We want dalecheck to be there whenever your team needs it, and we build it to be reliable. Still, we do not promise that it will always be available or free of errors. It may be interrupted for maintenance, by problems at our service providers, by your network or device, or by events outside our control. We do not offer uptime guarantees or service credits unless we have agreed to them with your business in writing.
dalecheck keeps changing. We may add, change or remove features, change the look of the app, release new versions and stop supporting old ones, old operating systems or old browsers. Where a change takes away something a business relies on, we try to tell you in advance. Some features may be marked as beta or early access; they may change or disappear and are provided with even fewer promises.
Keep your own copies of anything you cannot afford to lose. We back up our systems, but we do not promise to recover content that is deleted by you or your business.
10. Other companies' services
dalecheck relies on services run by other companies, and some of them have their own terms:
- Google: Google Sign-In, if you choose it; Google Maps, which draws the maps in the app and looks up addresses; Firebase Cloud Messaging, which delivers notifications; and, on this website, reCAPTCHA and Google Fonts. By using the maps in the app you also accept Google's Terms of Service.
- App stores: if you install the app from Apple's App Store or Google Play, the store's terms also apply, and the store, not us, handles the download. The store is not responsible for the app, for maintaining it or for answering claims about it; those are ours. For the iOS app, Apple and its subsidiaries may enforce these terms against you as a third-party beneficiary.
- Hosting and delivery: Cloudflare and our other hosting providers run the website, the web app and the file storage, and an email delivery provider sends account emails.
- This website: the contact form is delivered to us by a form-processing service and protected by reCAPTCHA. Use it only to contact us about dalecheck. "Book a demo" opens a Google Calendar booking page and the WhatsApp links open WhatsApp; what you do there is governed by their terms.
We are not responsible for those services, their availability or how they handle your information beyond what the privacy policy says about our service providers. Links to other sites are provided for convenience and are not endorsements.
11. Our name, logo and software
The dalecheck name, logo, app, website, design and the software behind them belong to us or our licensors and are protected by copyright, trademark and other laws. We give you a limited, non-exclusive, non-transferable licence to install and use the app on devices you own or control, and to use the web app and this website, for your business's own use and in line with these terms. That is all; we keep every other right. Do not use the dalecheck name or logo in a way that suggests we endorse you without asking us first.
Parts of the app include open source software, which is provided under its own licences.
12. Disclaimers
dalecheck is provided as it is and as available. To the extent the law allows, we make no promises, written or implied, about dalecheck, including that it is fit for a particular purpose, that it is free of errors or interruptions, or that it meets a particular standard.
In particular, dalecheck records what your team submits; it does not guarantee that the work was done, done well or done by the person shown. A proof can be wrong, a location can be imprecise, a photo can be misleading, and a review is a human judgement. The decisions a business makes based on those records, about its staff, its branches or anything else, are the business's own, and we are not responsible for them. dalecheck is not a legal, employment, safety or compliance adviser, and using it does not by itself make a business compliant with any law or regulation.
Some jurisdictions do not allow some of these exclusions, so some of them may not apply to you.
13. Limitation of liability
To the extent the law allows, we are not liable to you for any loss that is indirect or that we could not reasonably have foreseen, including lost profits, lost revenue, lost data, lost business or the cost of a replacement service, even if we were told it could happen.
To the extent the law allows, our total liability to you and your business for everything arising from these terms or from dalecheck, taken together, is limited to the fees your business paid us in the 12 months before the event that gave rise to the claim, or, if your business paid nothing in that time, fifty US dollars.
Nothing in these terms limits a liability that the law does not allow us to limit, such as liability for fraud, or for death or injury caused by our negligence.
14. Your responsibility for claims
If a business uses dalecheck in a way that breaks these terms or the law, including by requiring proofs it had no right to require, by how it uses its members' records, or through content it or its members add, the business agrees to defend us and cover the losses, costs and reasonable legal fees we incur because of a claim by someone else about it. We will tell you about such a claim promptly and let you handle its defence, as long as you do not settle it in a way that admits fault on our part or obliges us to do anything without our written agreement.
15. Suspension and termination
You can stop using dalecheck at any time: cancel the plan, leave a business, delete a business you own or delete your account, as described in Cancelling, transferring and deleting.
We may suspend or close an account or a workspace, or remove content, if we reasonably believe that these terms are being broken, that the law requires it, that it is needed to protect dalecheck, our users or others, or if a business's fees stay unpaid. Where we can, we tell you first and give you a chance to fix the problem. We may also close accounts that have been unused for a long time, after telling you by email. If we end your access without a reason of that kind while you have paid for a period, we refund the unused part of that period.
16. Governing law and disputes
These terms are governed by the laws of the Republic of Nicaragua. Any dispute about them or about dalecheck that we cannot settle between us is brought before the courts of Managua, Nicaragua, and you and we accept their jurisdiction. If you are a consumer in a country whose law gives you the right to go to your local courts or to rely on your local consumer protections, these terms do not take that right away.
Before going to court, please write to us at [email protected]. Most problems can be sorted out with an email.
17. Changes to these terms
When we change these terms we publish the new version at this address and update the effective date. If a change is significant, we also tell you in the app or by email before it takes effect. If you keep using dalecheck after the change takes effect, you accept the new terms; if you do not agree with them, stop using dalecheck and, if you own a business, cancel its plan before then.
If a part of these terms turns out to be unenforceable, the rest still applies. If we do not act on a breach right away, we are not giving up the right to act on it later. These terms, with the privacy policy, are the whole agreement between you and us about dalecheck, unless your business has a separate written agreement with us, in which case that agreement wins where the two differ. You may not transfer your rights under these terms to anyone else; we may transfer ours as part of a merger, acquisition or sale of dalecheck, and we tell you if that happens.
18. Contact
dalecheck · Ticuantepe, Managua, Nicaragua
[email protected]