Terms of Service
- Effective
- Last updated
Dial Factory LLC (“Dial Factory,” “we,” “us,” “our”) operates the Dial Factory mobile application (the “App”) and the website at dialfactory.app (the “Site”). Together these are the “Services.”
These Terms of Service (the “Terms”) are a binding agreement between you and Dial Factory LLC, a California limited liability company. By creating an account or using the Services, you agree to these Terms. If you do not agree, do not use the Services.
Please read Sections 6, 13, 14 and 17. Section 6 describes risks of physical training. Sections 13 and 14 limit our liability. Section 17 requires most disputes to be resolved by individual arbitration rather than in court, and waives your right to participate in a class action — you may opt out of arbitration within 30 days, as described there.
Contact: privacy@dialfactory.app
1. Who we are
Dial Factory LLC is a limited liability company organized under the laws of the State of California. We operate entirely online and handle questions about these Terms by email at privacy@dialfactory.app.
2. Who may use Dial Factory
The Services are available only to people aged 18 or older. You must be at least 18 to create an account or use the Services.
We ask for your date of birth before you create an account. We do not create accounts for anyone under 18, and we do not keep your date of birth — our Privacy Policy explains what we record instead.
If we learn that an account belongs to someone under 18, we delete that account and the data in it.
By using the Services you represent that you are at least 18, that you have the legal capacity to enter into these Terms, and that you are not barred from using the Services under the laws of the place where you live.
3. Your account
You need an account to use most of the Services. You agree to provide accurate information when you register and to keep it accurate.
You are responsible for your account and for anything done through it. Keep your password confidential. Tell us at privacy@dialfactory.app if you believe someone else has accessed your account.
Accounts are for one person. Do not share your account or let anyone else use it.
You can delete your account at any time from within the App. Section 12.2 explains what happens when you do.
4. What the Services are
Dial Factory is training software. It generates periodized training plans, lets you log your training, and provides an AI Coach that answers questions in the context of your plan and logged history.
Dial Factory is not a gym, a personal trainer, a physical therapist, a dietitian, or a medical provider. Section 6 explains this and the risks that come with physical training. Please read it.
5. Plans, the free tier, and your training history
5.1 The free plan
The free plan is a complete product, not a trial. It includes one four-week training cycle. When that cycle is complete, generating a further cycle requires a paid plan.
5.2 Paid plans
We offer paid subscription plans. What each includes is described in the App and on the App Store listing. Section 7 covers billing.
5.3 Your training history stays yours
We do not delete the training history you have built. If your free cycle is complete, or a paid subscription ends, lapses, or is cancelled, we gate the generation of a new plan. We do not delete the plans, sessions, exercises, sets, or records you have already logged.
Your history remains available to you for as long as your account exists. You can delete your account, and its data, at any time from within the App.
6. Health and training risk
Please read this section.
6.1 We are not a medical provider
Dial Factory provides training software. We are not a medical provider, a physical therapist, a dietitian, or a licensed professional of any kind, and we do not provide medical, physiotherapeutic, or nutritional advice.
Nothing in the Services is a diagnosis, a treatment, a prescription, or a substitute for advice from a qualified professional. The Services are not intended to diagnose, treat, cure, or prevent any condition.
6.2 The AI Coach and generated plans may be wrong
The AI Coach generates its responses using a large language model. The training plans and insights the Services produce are generated in the same way. They can be wrong. They can produce recommendations that are inaccurate, inappropriate for you, or unsafe in your circumstances. The Services do not examine you, know nothing about you beyond what you have entered, and cannot recognize when something is wrong with you.
Do not rely on the Services to decide whether to train through pain, an injury, or any symptom. If something hurts, or you are unsure whether an exercise or a load is safe for you, consult a qualified professional.
6.3 Consult a professional before you start
Consult a physician or other qualified healthcare professional before beginning any training program, particularly if you have a pre-existing medical condition or injury, a cardiovascular or musculoskeletal condition, if you are pregnant or postpartum, if you are taking medication, or if you have been inactive.
6.4 Assumption of risk
Strength training and physical exercise carry an inherent risk of injury, including serious injury and, in rare cases, death. That risk exists regardless of the quality of the programming and cannot be eliminated.
By using the Services, you acknowledge that you understand this risk and that you train at your own risk. You are responsible for your own safety — including judging whether an exercise, a load, or a session is appropriate for you on a given day, using correct technique and safety equipment, training in a safe environment, and stopping when you should.
6.5 You decide what to do
You remain responsible for every decision you make about your own training. The Services suggest; you decide. You may disregard any recommendation at any time, and you should whenever it conflicts with your own judgment, your body, or advice from a qualified professional.
6.6 Not an emergency service
The Services are not an emergency service. If you are experiencing a medical emergency, stop training and contact emergency services immediately. Do not use the AI Coach to seek help in an emergency.
6.7 Accuracy of what you tell us
The Services personalize training based on what you enter. If that information is inaccurate or incomplete, the recommendations you receive may be inappropriate or unsafe. Keep it accurate and update it when it changes, particularly after an injury.
If you have not given us permission to hold your age, bodyweight, and injury or limitation information, the AI Coach does not receive it, and its responses are generated without it.
6.8 Acknowledgment
You acknowledge that you have read and understood this Section, and that the Services are offered to you on that basis.
7. Subscriptions, billing, and cancellation
7.1 Plans and prices
Prices are shown in the App before you purchase, in your local currency, and are set through the Apple App Store. We offer monthly and annual billing periods.
7.2 Free trial
A seven-day free trial may be offered when you first subscribe.
Whether you are eligible is determined by Apple, not by us. Apple allows each Apple Account one introductory offer per subscription group, and all Dial Factory plans belong to a single subscription group. If you have previously received an introductory offer on any Dial Factory plan, you are not eligible for another, and the App will show you the standard price before you purchase.
A free trial requires a payment method on file. A free trial is a subscription that begins at no charge. It converts automatically to a paid subscription at the end of the trial period unless you cancel. To avoid being charged, you must cancel at least 24 hours before the trial ends.
Before you purchase, the App tells you whether a trial applies, what you will be charged when it ends, and the cancellation cutoff.
7.3 Automatic renewal
Paid subscriptions renew automatically. Your subscription continues, and your Apple Account is charged the then-current price for your plan at the end of each billing period, until you cancel. Apple processes the renewal within 24 hours before the end of the current period.
The price, the billing period, the length of any trial, and the price charged after a trial ends are disclosed in the App before you complete your purchase, and you are asked to agree to those terms as part of purchasing.
Cancelling stops future renewals. It does not end the period you have already paid for — see Section 7.7.
7.4 Purchases are processed by Apple
All subscriptions are sold as in-app purchases through the Apple App Store.
Apple, not Dial Factory, is the merchant of record. Apple holds your payment method, charges you, calculates and remits any applicable tax, and issues receipts. We never receive or store your payment card details. We receive only your subscription status, the plan you hold, its renewal date, and a transaction reference.
Your purchase is also subject to Apple’s own terms, including the Apple Media Services Terms and Conditions.
7.5 Confirmation
After you subscribe, we send you an email confirming what you bought, the price and billing period, the date of your first charge, and how to cancel.
7.6 Changing your plan
You may move between plans at any time from within the App. How a change takes effect is determined by Apple.
Upgrading from Lifter to Competitor takes effect immediately, and Apple refunds the prorated remainder of your current subscription to your original payment method. This applies whichever billing periods are involved.
Downgrading from Competitor to Lifter takes effect at your next renewal date. You keep Competitor access until then, and are charged the Lifter price from that date onward.
Changing between monthly and annual billing on the same plan takes effect at your next renewal date, in both directions.
These behaviours are set by Apple. If Apple’s handling differs from the description above, Apple’s handling governs.
7.7 Cancelling
You can cancel at any time in your Apple Account subscription settings. Cancellation is managed by Apple, and we cannot cancel a subscription on your behalf.
Cancellation must be made at least 24 hours before the end of your current billing period to avoid being charged for the next one. Apple sets this requirement.
When you cancel, you keep access to your paid plan until the end of the period you have already paid for. At that point your account returns to the free plan. Your training history is retained as described in Section 5.3.
We do not require you to contact us, send an email, or speak to anyone in order to cancel.
7.8 Failed payments
If a renewal payment fails, Apple retries it over a grace period of up to 16 days. Your access continues during that period. If payment is not completed by the end of it, your subscription expires and your account returns to the free plan. Your training history is retained as described in Section 5.3.
7.9 Refunds
Because Apple processes your purchase, refunds are handled by Apple under Apple’s policy, at Apple’s discretion. We cannot issue, approve, or decline a refund for an App Store purchase.
To request one, use Apple’s refund request process at reportaproblem.apple.com or through your Apple Account purchase history.
Nothing in these Terms limits any right you have under consumer protection law that cannot be limited by agreement.
7.10 Price changes
We may change subscription prices. If we change the price of a subscription you already hold, we will tell you in advance, by email, before the change takes effect, and the notice will state the new price and the date it starts.
Apple may separately ask you to confirm a price increase before it applies. If you do not want to continue at the new price, you can cancel as described in Section 7.7.
A price change never applies to a billing period you have already paid for.
7.11 Promotional offers
We may offer promotional pricing, referral rewards, or other offers from time to time. Any such offer is governed by its own terms, published when the offer is made, which apply in addition to this Section.
Where a promotional offer gives you a period at a reduced or zero price, that period is part of a subscription that renews automatically at the standard price when the promotional period ends, unless you cancel.
8. Acceptable use
You agree not to:
- use the Services for any unlawful purpose, or in violation of any applicable law or regulation;
- access the Services by automated means, including scraping, crawling, or scripted requests, except as we expressly permit;
- reverse engineer, decompile, or disassemble the App, or attempt to derive its source code, except to the extent applicable law permits despite this restriction;
- circumvent or attempt to circumvent payment, access controls, usage limits, or rate limits;
- interfere with, disrupt, or place an undue burden on the Services or the infrastructure they run on;
- probe, scan, or test the vulnerability of the Services without our prior written permission;
- share, sell, rent, or transfer your account, or use someone else’s;
- upload or transmit malicious code;
- submit another person’s personal information through the Services without their permission;
- use the Services, or content generated by them, to build or train a competing product or service; or
- impersonate any person or misrepresent your affiliation with anyone.
Nothing in these Terms restricts your ability to publish honest reviews of the Services.
9. Intellectual property
9.1 What belongs to us
The Services, and everything in them other than your content — the software, the design, the coaching knowledge base, the text, the graphics, and the Dial Factory name and logo — belong to us or our licensors and are protected by intellectual property law.
We grant you a limited, personal, non-exclusive, non-transferable, revocable licence to use the App on Apple-branded devices you own or control, for your own personal, non-commercial training. You may not copy, modify, distribute, sell, or lease any part of the Services except as these Terms allow.
9.2 What belongs to you
Your training content is yours. The plans you create or paste in, the sessions you log, your notes, your body and performance data, and the messages you send the AI Coach remain yours. We claim no ownership of them.
9.3 The licence we need to run the Services
To operate the Services for you, you grant us a limited, worldwide, non-exclusive, royalty-free licence to host, store, reproduce, process, and transmit your training content solely to provide the Services to you. This includes transmitting it to the third-party AI providers described in our Privacy Policy, which is how the AI Coach and plan generation work.
This licence exists only so that we can run the product. We do not use your training content to train any AI model, and the AI providers we use do not train on it either. The licence ends when you delete the content or your account, except that copies already transmitted to those providers age out on their own schedules, as our Privacy Policy describes.
9.4 Feedback
If you send us suggestions, feedback, or ideas about the Services, we may use them for any purpose without obligation to you. This does not apply to your training content.
10. Privacy
Our Privacy Policy, at dialfactory.app/privacy, explains what we collect, who we disclose it to, how long we keep it, and your rights. It is incorporated into these Terms by reference.
Section 5 of the Privacy Policy describes what the AI Coach sends to third-party AI providers. The App asks for your permission before the Coach sends anything, and you can withdraw that permission at any time. Declining means the Coach is unavailable; the rest of the App works normally.
11. Changes to the Services
We may change, add, or remove features. We may suspend or discontinue the Services, or any part of them.
If we discontinue the Services entirely, or make a change that removes a material feature of a paid plan, we will give you reasonable advance notice and, where you have paid for a period you will not receive, a prorated refund through Apple where Apple’s process allows it.
12. Term and termination
12.1 Term
These Terms apply from the time you create an account and continue until your account is closed, by you or by us.
12.2 Closing your account
You may delete your account at any time, from within the App, in Settings. No email, no support request, no waiting period. What is deleted and what is retained is described in our Privacy Policy.
Deleting your account does not cancel a subscription purchased through the App Store. Cancel that separately, as described in Section 7.7. If you delete your account without cancelling, Apple will continue to charge you.
12.3 Suspension or termination by us
We may suspend or terminate your access to the Services if:
- you materially breach these Terms, including Section 8;
- you use the Services in a way that is unlawful, or that harms or threatens to harm the Services, our providers, or another person;
- you attempt to circumvent payment, access controls, or usage limits;
- we are required to do so by law or by Apple; or
- we discontinue the Services generally, as described in Section 11.
Where it is practicable and lawful to do so, we will give you notice before suspending or terminating your account, and an opportunity to correct the problem. We may act without prior notice where delay would risk harm, where the breach cannot be corrected, or where the law or Apple requires immediate action.
12.4 What happens to your data
If we terminate your account, we do not delete your training history as a consequence of that decision. Your plans, logged sessions, exercises, sets, and records remain associated with your account, and we will make them available to you on request for at least 30 days following termination.
We delete your data when you ask us to, as described in the Privacy Policy, or where we are required to.
This does not apply where we are legally required to remove content, where the content itself is the reason for termination, or where we determine that an account belongs to someone under 18 — in which case the account and its data are deleted, as described in Section 2 and our Privacy Policy.
12.5 Effect of termination
On termination, your right to use the Services ends. Sections that by their nature should survive — including Sections 6, 7.9, 9, 13, 14, 15, 16 and 17 — survive termination.
Terminating your account does not entitle you to a refund of amounts already paid, except where required by law or granted by Apple under Section 7.9.
12.6 Re-registration
If we have terminated your account for breach, you may not create a new account without our agreement.
13. Disclaimers
The Services are provided “as is” and “as available.” To the fullest extent permitted by law, we disclaim all warranties, express or implied, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
We do not warrant that the Services will be uninterrupted, timely, secure, or error-free, that any defect will be corrected, or that the training plans, insights, or AI Coach responses will be accurate, complete, appropriate for you, or effective. Section 6 applies in full to anything in this Section.
Some jurisdictions do not allow the exclusion of implied warranties, so some of the above may not apply to you.
14. Limitation of liability
To the fullest extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, or loss of data, arising out of or relating to the Services, even if we have been advised of the possibility of such damages.
To the fullest extent permitted by law, our total liability to you for all claims arising out of or relating to the Services will not exceed the greater of (a) the amount you paid us for the Services in the twelve months before the event giving rise to the claim, or (b) one hundred US dollars ($100).
Nothing in these Terms limits or excludes liability that cannot be limited or excluded under applicable law, including liability for fraud, fraudulent misrepresentation, willful injury, gross negligence, or violation of law, as provided by California Civil Code § 1668.
Some jurisdictions do not allow the limitation of certain damages, so some of the above may not apply to you.
15. Indemnification
You agree to indemnify and hold harmless Dial Factory LLC and its officers, members, employees, and agents from any claim, demand, loss, or expense — including reasonable legal fees — arising out of your breach of these Terms, your violation of any law, or your violation of the rights of a third party.
We will notify you of any such claim and may, at your expense, assume its exclusive defense and control, in which case you agree to cooperate with us.
16. Governing law
These Terms and your use of the Services are governed by the laws of the State of California, without regard to its conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
This does not deprive you of the protection of any mandatory consumer-protection law of the place where you live.
17. Dispute resolution
Please read this Section carefully. It affects your legal rights, including your right to bring a case in court and to participate in a class action.
17.1 Informal resolution first
Most problems can be sorted out quickly. Before starting a formal proceeding, you agree to contact us at privacy@dialfactory.app and describe the dispute, and to give us 60 days to resolve it. We agree to do the same before starting a proceeding against you. This step is a precondition to arbitration, and the limitations period is tolled while it runs.
17.2 Arbitration
If we cannot resolve a dispute informally, you and we agree that the dispute will be resolved by binding individual arbitration, administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court.
The arbitration will be conducted in San Diego County, California, or — at your election — by telephone, by video, or on the basis of documents only. Judgment on the award may be entered in any court with jurisdiction. The arbitrator’s allocation of fees is governed by the AAA Consumer Rules.
You understand that without this provision you would have the right to sue in court and to a jury trial.
17.3 Exceptions
This Section does not apply to:
- claims brought in small claims court, if they qualify;
- claims to enforce or protect intellectual property rights; or
- claims for public injunctive relief, which may be brought in court.
17.4 No class actions
You and we agree to bring claims only in an individual capacity, and not as a plaintiff or class member in any class, collective, or representative proceeding. The arbitrator may not consolidate or preside over any form of representative proceeding.
17.5 How to opt out of arbitration
You can opt out. Send an email to privacy@dialfactory.app within 30 days of first accepting these Terms, stating your name, the email address on your account, and that you are opting out of arbitration. Opting out does not affect anything else in these Terms, and we will not treat it as a reason to close your account or change your service.
17.6 Severability
If the class-action waiver in Section 17.4 is found unenforceable as to a particular claim, that claim will proceed in court and the rest of this Section will continue to apply. If Section 17.3’s carve-out for public injunctive relief is found unenforceable, this entire Section 17 is void.
18. Apple
These Terms are between you and Dial Factory LLC, not with Apple. Apple is not responsible for the App or its content.
- The licence in Section 9.1 is limited to use of the App on Apple-branded products you own or control, as permitted by the App Store Terms of Service.
- We, not Apple, are responsible for providing maintenance and support for the App. Apple has no obligation to furnish any maintenance or support.
- If the App fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price. To the maximum extent permitted by law, Apple has no other warranty obligation for the App.
- We, not Apple, are responsible for addressing any claim by you or a third party relating to the App, including product liability claims, claims that the App fails to conform to a legal or regulatory requirement, and claims arising under consumer protection or similar law.
- We, not Apple, are responsible for the investigation, defense, settlement, and discharge of any third-party claim that the App infringes intellectual property rights.
- You represent that you are not located in a country subject to a US Government embargo or designated as a terrorist-supporting country, and that you are not listed on any US Government list of prohibited or restricted parties.
- You must comply with applicable third-party terms when using the App.
- Apple and its subsidiaries are third-party beneficiaries of these Terms, and Apple has the right to enforce them against you.
19. Changes to these Terms
We may update these Terms. We will post the updated version here and change the “Last updated” date.
If a change is material, we will tell you before it takes effect — in the App or by email — and, where the law requires your agreement, we will ask for it rather than assume it. Continuing to use the Services after a change takes effect means you accept the updated Terms.
If you do not accept an updated version, you can stop using the Services and delete your account. If you have paid for a period you will not use because of a material change, Section 11 applies.
20. General
20.1 Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and us about the Services, and replace any earlier agreement about them.
20.2 Severability. If any provision is found unenforceable, it will be limited or removed to the minimum extent necessary, and the rest stays in force.
20.3 No waiver. If we do not enforce a provision, that is not a waiver of it.
20.4 Assignment. You may not assign these Terms. We may assign them in connection with a merger, acquisition, or sale of assets, or to an affiliate.
20.5 No agency. These Terms do not create a partnership, joint venture, employment, or agency relationship.
20.6 Notices. We may send you notices by email to the address on your account, or in the App. You may send notices to privacy@dialfactory.app.
20.7 Force majeure. We are not liable for any failure or delay caused by circumstances beyond our reasonable control.
20.8 Electronic communications. You agree to receive communications from us electronically, and that electronic agreements, notices, and records satisfy any requirement that they be in writing.
21. California users
Under California Civil Code § 1789.3, California users are entitled to this notice: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.
22. Contact
We are an online business and handle questions about these Terms by email.