This is a starting draft for the owner's review and does not constitute legal advice. Consult a qualified attorney before publishing.
Effective date: 5 July 2026
1. Acceptance of These Terms
These Terms of Use ("Terms") are a binding agreement between you and the operator of Dealate ("we", "us", "our") governing your use of the Dealate mobile and web application (app id com.dealate.app) and any related services (together, the "App").
By downloading, accessing, or using the App, you confirm that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy. If you do not agree, do not use the App.
If you are using the App on behalf of another person or organization, you confirm that you have authority to accept these Terms on their behalf.
2. What Dealate Does
Dealate is a nature-observation and forecasting tool. It:
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Predicts ant nuptial-flight conditions for a chosen location.
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Displays a map of predictions.
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Lets users submit sightings and observations.
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Sends optional flight-alert notifications.
Forecasts are probabilistic predictions based on weather and biological data. They are estimates, not guarantees. See Section 12 (Disclaimers).
3. Licence to Use the App (EULA)
Subject to these Terms, we grant you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to install and use the App on devices you own or control, solely for your own non-commercial use.
You may not:
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Copy, modify, translate, or create derivative works of the App except as permitted by law.
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Reverse engineer, decompile, or disassemble the App except to the extent this restriction is prohibited by applicable law.
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Rent, lease, sell, sublicense, or otherwise transfer the App or your rights under these Terms.
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Remove or obscure any proprietary notices.
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Use the App in any way that breaches applicable law or these Terms.
We reserve all rights not expressly granted to you.
This licence is in addition to, and where relevant subject to, the standard end-user licence terms of the platform you obtained the App from (for example, Apple's Licensed Application End User Licence Agreement or Google Play's terms). Where those platform terms apply, Apple, Google, and other platform providers are third-party beneficiaries of the licence granted in this Section and may enforce it.
4. Accounts
Some features require an account. Accounts are created and authenticated through Amazon Cognito using your email address and a password. We store your account email and a Cognito user identifier.
You are responsible for:
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Providing accurate account information.
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Keeping your password confidential and secure.
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All activity that occurs under your account.
Notify us promptly at boardthatpowder@gmail.com if you suspect unauthorized use of your account. You must be old enough to form a binding contract in your jurisdiction to hold an account (see Section 16).
5. Pro Subscription and Lifetime Purchase
The App offers optional paid access called "Pro". Pro unlocks:
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Using your own GPS location.
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Location search.
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Free map panning.
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Flight-alert notifications.
Without Pro (or an active free trial), these location features are locked.
Pro is offered in two forms:
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Auto-renewing subscriptions — Monthly, 3-Month, and Yearly tiers, each including a 3-day free trial.
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A one-time "Lifetime" purchase — this is not a subscription. It does not auto-renew and does not include a free trial.
6. Auto-Renewal Terms (Subscriptions Only)
The following apply to the Monthly, 3-Month, and Yearly subscriptions. They do not apply to the Lifetime purchase.
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Your subscription automatically renews unless you cancel it at least 24 hours before the end of the current period.
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Your account is charged for renewal within 24 hours before the end of the current period, at the price for your selected tier.
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Each renewal is for the same duration as your original term (monthly, 3 months, or yearly) unless the plan changes.
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You can manage or cancel your subscription any time in your App Store or Google Play account settings, or, for web purchases, through the Stripe / RevenueCat customer portal. Deleting the App does not cancel a subscription.
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If you buy a subscription during a free trial, any unused portion of that free trial is forfeited.
Prices may change. Where required, we will give notice of price changes and, where the platform requires it, seek your consent before a renewal at the new price.
7. Billing, Processing, and Entitlements
Purchases are processed by the platform you buy through:
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Apple App Store (iOS)
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Google Play (Android)
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Stripe (web)
Entitlements (whether your Pro access is active) are managed through RevenueCat. We do not store your payment card numbers; card data is handled by the relevant payment processor.
Your purchase is also subject to the terms and policies of the applicable store or processor.
8. Refunds
Refunds are handled by the store or processor that took the payment, under its own policies:
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Apple App Store purchases: request refunds through Apple.
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Google Play purchases: request refunds through Google.
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Web (Stripe) purchases: contact us at boardthatpowder@gmail.com and we will handle refund requests in line with the applicable Stripe/RevenueCat process and applicable consumer law.
We do not control Apple's or Google's refund decisions. Nothing here limits any non-waivable refund or cancellation rights you have under consumer law.
9. User-Submitted Content
You may submit sightings and observations, which may include species, location, and timestamp ("User Content"). You are responsible for your User Content and confirm you have the right to submit it.
By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable licence to use, reproduce, adapt, aggregate, publish, and distribute it as part of Dealate's shared prediction dataset and to operate and improve the App. Contributions to the shared dataset may be published and may be visible to other users.
You retain any ownership rights you have in your User Content. We may remove User Content that we reasonably believe breaches these Terms.
10. Acceptable Use
You agree not to:
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Submit false, misleading, or deliberately inaccurate sightings.
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Upload unlawful, infringing, harmful, or offensive content.
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Harvest or scrape data from the App except as expressly permitted.
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Interfere with, disrupt, or attempt to gain unauthorized access to the App or its infrastructure.
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Use the App to collect precise locations of protected species or sites in a way that could cause harm, or in breach of any wildlife-protection law.
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Use the App for any unlawful purpose.
11. Intellectual Property and Third-Party Data
The App, its design, and its original content are owned by the operator of Dealate and protected by intellectual property laws.
Dealate draws on third-party data sources, which are credited in the App and used under their respective licences:
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iNaturalist
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GBIF
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Open-Meteo
These sources are provided under licences including CC BY 4.0 and ODbL. The relevant attributions and licence terms are shown in-app and apply to that data. Third-party marks and data remain the property of their respective owners.
12. Disclaimers of Warranty
The App and all forecasts are provided "as is" and "as available", without warranties of any kind, whether express or implied, to the fullest extent permitted by law. This includes, without limitation, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
In particular:
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Forecasts are predictions, not guarantees. Actual nuptial-flight events may differ from any prediction.
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We do not warrant that the App will be uninterrupted, error-free, or that data (including third-party data) is accurate or complete.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above may not apply to you.
13. Limitation of Liability
To the fullest extent permitted by law, the operator of Dealate will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of data, profits, or goodwill, arising from or related to your use of (or inability to use) the App.
To the fullest extent permitted by law, our total liability for all claims relating to the App will not exceed the greater of (a) the amount you paid us for the App in the 12 months before the claim, or (b) USD 50.
Nothing in these Terms limits liability that cannot be limited by law, including liability for death or personal injury caused by negligence, or for fraud.
14. Termination
You may stop using the App at any time and may delete your account by contacting us.
We may suspend or terminate your access if you breach these Terms or if we discontinue the App. On termination, the licence in Section 3 ends and you must stop using the App. Sections that by their nature should survive (including Sections 9, 11, 12, 13, and 17) survive termination.
Termination does not automatically cancel a store-managed subscription — you must cancel that through the relevant store as described in Section 6.
15. Changes to These Terms
We may update these Terms from time to time. When we do, we will revise the "Effective date" above and, where appropriate, provide notice in the App. Your continued use of the App after changes take effect means you accept the updated Terms.
16. Age Requirement
The App is not directed to children. You must be at least the age required to consent to these Terms and to our data practices in your jurisdiction (see the Privacy Policy). If you are under that age, do not use the App.
17. Governing Law and Disputes
These Terms are governed by the laws of [JURISDICTION — owner to complete], without regard to its conflict-of-laws rules. The courts of [JURISDICTION — owner to complete] will have jurisdiction over any dispute, except where mandatory local consumer law gives you the right to bring proceedings elsewhere.
18. Contact
Questions about these Terms? Contact the operator of Dealate at:
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Email: boardthatpowder@gmail.com