Terms of Service

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. Those who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, to the extent applicable.

DialGate is a technology platform that provides on-device app-shielding, activity-based unlock rules, and related productivity-tracking tools (such as streak history). The Services are designed to help users build self-directed focus habits. The Services are not a substitute for professional productivity coaching, business consulting, or any licensed professional service. Nothing in the Services constitutes professional, financial, business, or legal advice.

THE SERVICES ARE PROVIDED FOR GENERAL PRODUCTIVITY AND HABIT-BUILDING PURPOSES ONLY. DIALGATE DOES NOT PROVIDE BUSINESS, SALES, FINANCIAL, CAREER, OR OTHER PROFESSIONAL ADVICE, AND NOTHING IN THE SERVICES SHOULD BE TREATED AS SUCH.

DialGate is a habit-support tool that restricts access to apps you have chosen until you complete an activity goal you have set for yourself. We make no representation that using the Services will result in increased sales, income, productivity, or any other business or personal outcome. Any results you experience, positive or negative, depend on numerous factors outside our control, including your own effort, market conditions, and the effectiveness of the underlying "productive" activity you choose to track (such as your CRM, dialer, or calling practices).

You are solely responsible for evaluating whether the App's features and any in-app suggestions are appropriate for your particular work, business, or circumstances.

Your Own Device Only

DialGate is designed for you to configure app restrictions on a device that you own or are otherwise fully authorized to configure, for your own personal use. By using the Services, you represent and warrant that:

• You are installing and configuring DialGate only on a device that belongs to you or that you have full authority to configure;
• You are not using the Services to monitor, restrict, or control the device of another person, including a spouse, partner, employee, or any other individual, without that person's knowledge and affirmative consent; and
• You will not use the Services in any manner intended to surveil, coerce, or exert non-consensual control over another person.

DialGate is not designed or intended to function as monitoring or "stalkerware" software, and any use of the Services for such purposes is a material breach of these Legal Terms.

How the Shielding Feature Works

The App relies on Apple's Family Controls, Screen Time, DeviceActivity, and related iOS frameworks to place a system-level shield over apps you select, and to measure your activity in the app(s) you designate as "productive." This functionality depends on permissions you grant through iOS and on the continued availability and correct operation of Apple's frameworks, which we do not control.

Assumption of Risk

YOU ACKNOWLEDGE AND AGREE THAT USING AN APP-SHIELDING TOOL CARRIES INHERENT RISK, INCLUDING THE RISK OF BEING TEMPORARILY UNABLE TO ACCESS AN APP YOU HAVE CHOSEN TO SHIELD, EVEN IF YOU LATER DECIDE YOU NEED IT FOR AN URGENT OR UNANTICIPATED REASON. YOU ARE SOLELY RESPONSIBLE FOR CHOOSING WHICH APPS TO SHIELD.

You should not select for shielding any app you may need to access in an emergency, and you should always ensure that emergency calling (via your device's native Phone app) and other critical safety functions remain available to you. DialGate does not shield, and is not designed to shield, your device's native emergency-calling functionality; however, we make no guarantee regarding the behavior of any specific third-party app you select, and you assume responsibility for choosing your own shielded-app list.

You further acknowledge that call-activity and productive-app-usage detection depend on device sensors and Apple frameworks that may occasionally misreport, fail to register activity, or be delayed, and that DialGate cannot guarantee perfectly accurate detection in every circumstance.

Our Intellectual Property

We are the owner or licensee of all intellectual property rights in the Services, including all source code, databases, functionality, software, application design, audio, video, text, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property and unfair competition laws) in the United States and around the world. The Content and Marks are provided "AS IS" for your personal, non-commercial use only.

Your Use of Our Services

Subject to your compliance with these Legal Terms, including the "Prohibited Activities" section below, we grant you a limited, non-exclusive, non-transferable, revocable license to download and use the App on a device that you own or control, solely for your own personal, non-commercial use.

Except as set out in this section, no part of the Services and no Content or Marks may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our express prior written permission. Any breach of these Intellectual Property Rights will constitute a material breach of these Legal Terms, and your right to use the Services will terminate immediately.

Your Submissions

By directly sending us any question, comment, suggestion, idea, or feedback about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission, and you agree that we may use and disseminate it for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information; (3) you have the legal capacity to and agree to comply with these Legal Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use the Services for any illegal or unauthorized purpose; (7) your use of the Services will not violate any applicable law or regulation; and (8) you will only configure the Services on a device you own or are fully authorized to configure, consistent with Section 3 above. If you provide information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any current or future use of the Services.

You must register for an account using Sign in with Apple to use certain features of the Services. You are responsible for maintaining the confidentiality of your device and account access, and for all activity that occurs in connection with your account. We reserve the right to remove, reclaim, or restrict access associated with an account if we determine, in our sole discretion, that such account is being used inappropriately or in violation of these Legal Terms.

All purchases of paid subscriptions to the Services are processed by Apple, Inc. through the App Store using your Apple ID payment method, and are subject to Apple's own terms and conditions, including the Apple Media Services Terms and Conditions. We do not directly collect or store your payment card information. Prices for subscriptions are as displayed within the App at the time of purchase and are shown in the currency determined by your App Store account region. We reserve the right to change subscription prices at any time, consistent with Apple's requirements for notifying existing subscribers of price changes.

Billing and Renewal

Paid subscriptions to DialGate automatically renew for the same subscription period unless canceled at least 24 hours before the end of the current period, in accordance with Apple's standard auto-renewable subscription terms. Your Apple ID account will be charged for renewal within 24 hours prior to the end of the current period, at the price you agreed to at purchase (or the then-current price, if changed with required notice).

Free Trial

We may offer a free trial to new subscribers. The specific duration and terms of any free trial will be disclosed at the time of registration within the App. Unless you cancel before the trial period ends, your account will automatically convert to a paid subscription at the applicable price.

Cancellation

You can cancel your subscription at any time through your Apple ID account settings on your device (Settings > [your name] > Subscriptions), as required by Apple. Because subscriptions are billed and managed by Apple, we are unable to process cancellations or refunds directly; all purchases are subject to Apple's refund policies. Cancellation will take effect at the end of the current paid billing period, and you will retain access to paid features through that date.

Fee Changes

We may, from time to time, change our subscription fees. Any price change will be communicated to you in accordance with Apple's requirements before it takes effect for your subscription.

You may not access or use the Services for any purpose other than that for which we make the Services available. As a user of the Services, you agree not to:

• Use the Services to monitor, restrict, or exert control over a device belonging to, or used by, another person without that person's knowledge and consent.
• Attempt to reverse engineer, decompile, disassemble, or otherwise derive the source code of the App, except as permitted by applicable law.
• Attempt to circumvent, disable, or interfere with the App's shielding mechanism, activity-detection features, or any security-related feature of the Services, whether your own or another user's.
• Use any automated system, including "bots," "scrapers," or similar data-gathering tools, to access or interact with the Services.
• Trick, defraud, or mislead us or other users, including attempting to learn sensitive account information.
• Use the Services in a manner inconsistent with any applicable law or regulation.
• Upload or transmit viruses, Trojan horses, or other malicious code that could interfere with the Services.
• Interfere with, disrupt, or place an undue burden on the Services or the networks or systems connected to the Services.
• Impersonate another person, or misrepresent your affiliation with any person or entity.
• Attempt to bypass any measure of the Services designed to prevent or restrict access.
• Use the Services as part of any effort to build a competing product or service, or otherwise commercially exploit the Services without our written consent.
• Resell, rent, lease, or otherwise transfer your access to the Services.
• Misrepresent your identity or eligibility to use the Services.

The Services rely on and integrate with third-party platforms and frameworks, including Apple's Family Controls, Screen Time, DeviceActivity, CallKit, StoreKit, and Sign in with Apple frameworks, and RevenueCat's subscription-management platform. Your use of these underlying frameworks is also subject to the applicable third party's own terms and privacy practices, and we are not responsible for their availability, accuracy, or performance. The Services may also contain links to third-party websites ("Third-Party Websites") or reference third-party content ("Third-Party Content") not investigated, monitored, or checked for accuracy by us. We are not responsible for any Third-Party Websites accessed through the Services, and if you choose to leave the Services to access a Third-Party Website, you do so at your own risk, and these Legal Terms no longer govern.

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms; (3) in our sole discretion, restrict or disable access to any account or feature; and (4) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

We care about data privacy and security. Please review our Privacy Policy at https://www.dialgate.app/privacy-policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. The Services are operated from the United States. If you access the Services from any other region with laws governing personal data collection, use, or disclosure that differ from applicable United States laws, then through your continued use of the Services you consent to have your data transferred to and processed in the United States.

Notifications

We respect the intellectual property rights of others. If you believe material available on or through the Services infringes a copyright you own or control, please notify our Designated Copyright Agent below (a "Notification") that meets the requirements of 17 U.S.C. § 512(c)(3), including: (1) a signature of the person authorized to act on behalf of the copyright owner; (2) identification of the copyrighted work claimed to be infringed; (3) identification of the allegedly infringing material and information reasonably sufficient to permit us to locate it; (4) your contact information; (5) a statement of good-faith belief that the use is not authorized; and (6) a statement, under penalty of perjury, that the information in the Notification is accurate and that you are authorized to act on behalf of the owner.

Designated Copyright Agent

THESE LEGAL TERMS SHALL REMAIN IN FULL FORCE AND EFFECT WHILE YOU USE THE SERVICES. WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS. WE MAY TERMINATE YOUR ACCOUNT AND DELETE ANY ASSOCIATED INFORMATION AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party. We reserve the right to take appropriate legal action, including civil, criminal, and injunctive redress.

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. We have no obligation to update any information in the Services and will not be liable to you or any third party for any modification, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times, and we cannot guarantee that Apple's underlying Screen Time, Family Controls, DeviceActivity, or CallKit frameworks will always function as expected, as these are provided and controlled by Apple, not us. You agree that we have no liability for any loss, damage, or inconvenience caused by your inability to access or use the Services, or caused by any failure, delay, or limitation in the underlying Apple frameworks the Services depend on.

These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Oregon applicable to agreements made and to be entirely performed within the State of Oregon, without regard to its conflict of law principles.

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a "Dispute"), the parties agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one party to the other.

Binding Arbitration

IF THE PARTIES ARE UNABLE TO RESOLVE A DISPUTE THROUGH INFORMAL NEGOTIATIONS, THE DISPUTE (EXCEPT AS EXPRESSLY EXCLUDED BELOW) WILL BE FINALLY AND EXCLUSIVELY RESOLVED BY BINDING ARBITRATION. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA"), and where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes, both available at www.adr.org. Except where otherwise required, arbitration will take place in Oregon. If a Dispute proceeds in court rather than arbitration, it shall be commenced in the state or federal courts located in Oregon, and the parties consent to personal jurisdiction and venue there. No Dispute may be commenced more than one (1) year after the cause of action arose.

Restrictions

Any arbitration shall be limited to the Dispute between the parties individually. To the full extent permitted by law: (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis; and (c) there is no right or authority for any Dispute to be brought in a representative capacity on behalf of the general public or other persons.

Exceptions

The parties agree that the following Disputes are not subject to the above provisions: (a) Disputes seeking to enforce or protect, or concerning the validity of, intellectual property rights; (b) Disputes related to allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief.

There may be information on the Services that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any such errors and to change or update information on the Services at any time, without prior notice.

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE MAKE NO WARRANTY THAT THE APP'S SHIELDING OR ACTIVITY-DETECTION FEATURES WILL FUNCTION WITHOUT INTERRUPTION OR ERROR, AND WE WILL ASSUME NO LIABILITY FOR: (1) ANY ERRORS, MISTAKES, OR INACCURACIES IN THE APP'S DETECTION OF PRODUCTIVE ACTIVITY; (2) ANY LOSS OF ACCESS TO A SHIELDED APP, INCLUDING WHERE THAT LOSS OF ACCESS CAUSES YOU TO MISS A CALL, MESSAGE, OR OTHER OPPORTUNITY; (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR ANY PERSONAL INFORMATION STORED THEREIN; (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; OR (5) ANY BUGS, VIRUSES, OR SIMILAR CODE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY.

We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Services, including Apple's or RevenueCat's platforms.

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOST BUSINESS OPPORTUNITY, OR LOSS OF DATA, ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.

Certain U.S. state laws and international laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of: (1) your use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties in these Legal Terms; (4) your violation of the rights of a third party; or (5) your use of the Services to monitor, restrict, or control a device belonging to another person without their consent, in violation of Section 3.

As described in our Privacy Policy, much of the data generated by your use of the App, including your shielded-app configuration and streak/history data, is stored locally on your device rather than on our servers. You are solely responsible for any loss of such data resulting from device loss, damage, App deletion, or operating-system issues, and we shall have no liability to you for any loss or corruption of such data. Where we or our service providers (such as Apple or RevenueCat) do maintain account or subscription data on our behalf, we perform reasonable routine practices to safeguard that data, but you agree that we have no liability for any loss or corruption of data beyond what applicable law requires.

Visiting the Services, sending us emails, and completing in-app forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Services.

Because the App is distributed through the Apple App Store, the following additional terms apply and take precedence over any conflicting term in these Legal Terms as it relates to the Apple App Store:

• These Legal Terms are an agreement between you and Relidex LLC only, and not with Apple, Inc. ("Apple"). Apple is not responsible for the App or its content.
• Apple has no obligation to furnish any maintenance or support services for the App.
• In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price for the App to you, if any; to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the App.
• Apple is not responsible for addressing any claims by you or any third party relating to the App, including product liability claims, claims that the App fails to conform to legal or regulatory requirements, and claims arising under consumer protection or similar legislation.
• Apple is not responsible for the investigation, defense, settlement, or discharge of any claim that the App or your possession or use of the App infringes a third party's intellectual property rights.
• You represent and warrant that you are not located in a country subject to a U.S. government embargo or designated as a "terrorist supporting" country, and that you are not listed on any U.S. government list of prohibited or restricted parties.
• You agree to comply with all applicable third-party terms, including Apple's Media Services Terms and Conditions, when using the App.
• Apple, and Apple's subsidiaries, are third-party beneficiaries of these Legal Terms as they relate to your use of the App, and Apple has the right (and will be deemed to have accepted the right) to enforce these Legal Terms against you as a third-party beneficiary.

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

These Legal Terms and any policies or operating rules posted by us on or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision is deemed severable and does not affect the validity of the remaining provisions. No joint venture, partnership, employment, or agency relationship is created between you and us as a result of these Legal Terms or your use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them.

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at: