Terms of Service
Effective Date: January 2025
Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you and Digital VisionWorks LLC ("we," "us," or "our"), governing your access to and use of the Dirt Bike Dialed mobile application and related services (collectively, the "Service").
By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service.
Description of Service
Dirt Bike Dialed is a mobile application designed for motocross and off-road riders to:
- Track maintenance schedules and service history
- Log suspension settings and ride sessions
- Store bike specifications and configurations
- Manage parts inventory
- Synchronize data across devices via cloud storage
The Service is available as a free version with limited features and paid premium plans, including an annual subscription and a one-time lifetime purchase.
User Accounts
Account Creation
To use certain features of the Service, you must create an account using Apple Sign-In or Google Sign-In. You agree to provide accurate information and keep your account credentials secure.
Account Responsibilities
You are responsible for all activities that occur under your account. You agree to:
- Keep your login credentials confidential
- Notify us immediately of any unauthorized access
- Not share your account with others
- Not create multiple accounts for fraudulent purposes
Age Requirements
You must be at least 13 years of age to use the Service. If you are under 18, you represent that you have your parent or guardian's permission to use the Service.
Paid Plans and Billing
Premium Plans
Premium features are available through either an auto-renewing annual subscription or a one-time lifetime purchase ("Premium Plan"). By purchasing any Premium Plan, you agree to the pricing and payment terms presented at the time of purchase.
Billing
- All purchases are processed through Apple App Store or Google Play Store
- Payment will be charged to your Apple ID or Google account
- Subscriptions automatically renew unless cancelled before the renewal date
- Lifetime purchases are a single charge and do not renew
- Prices are subject to change with notice
Subscription Cancellation
You may cancel your subscription at any time through your device settings:
- iOS: Settings → [Your Name] → Subscriptions
- Android: Google Play Store → Menu → Subscriptions
Cancellation takes effect at the end of the current billing period. No refunds are provided for partial subscription periods.
Refunds
Refund requests for subscriptions or lifetime purchases must be directed to Apple or Google through their respective refund processes. We do not have the ability to process refunds directly.
User Content
Your Content
You retain ownership of all content you create or upload to the Service, including bike information, maintenance records, photos, and notes ("User Content").
License to Us
By uploading User Content, you grant us a limited, non-exclusive license to store, process, and display your content solely for the purpose of providing the Service to you. We do not claim ownership of your content and will not use it for any other purpose.
Content Responsibility
You are solely responsible for your User Content. You represent that you have the right to upload any content you submit and that your content does not violate any third-party rights.
Prohibited Uses
You agree not to use the Service to:
- Violate any applicable laws or regulations
- Infringe on intellectual property rights of others
- Upload malicious code, viruses, or harmful content
- Attempt to gain unauthorized access to the Service or other users' accounts
- Interfere with or disrupt the Service's infrastructure
- Use automated systems to access the Service without permission
- Reverse engineer, decompile, or disassemble the application
- Use the Service for any commercial purpose without authorization
- Harass, abuse, or harm other users
Intellectual Property
The Service, including its design, features, code, graphics, logos, and content (excluding User Content), is owned by Digital VisionWorks LLC and protected by copyright, trademark, and other intellectual property laws.
You are granted a limited, non-exclusive, non-transferable license to use the Service for personal, non-commercial purposes in accordance with these Terms. This license does not include the right to:
- Modify or create derivative works of the Service
- Copy, reproduce, or distribute the Service
- Use our trademarks without permission
Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that:
- The Service will be uninterrupted, secure, or error-free
- Any defects will be corrected
- The Service will meet your specific requirements
- Data will never be lost (you should maintain your own backups)
The Service provides tools for tracking maintenance and settings. We do not provide professional mechanical advice. Always consult qualified professionals for maintenance and safety decisions regarding your motorcycle.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, DIGITAL VISIONWORKS LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF PROFITS, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.
IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability, so some of the above limitations may not apply to you.
Indemnification
You agree to indemnify, defend, and hold harmless Digital VisionWorks LLC and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorney's fees) arising from:
- Your use of the Service
- Your violation of these Terms
- Your violation of any third-party rights
- Your User Content
Termination
By You
You may terminate your account at any time by deleting it through the app settings or by contacting us. See our Account Deletion page for instructions.
By Us
We may suspend or terminate your account at any time if you violate these Terms or engage in conduct that we determine is harmful to the Service or other users. We will make reasonable efforts to notify you before termination, except in cases of serious violations.
Effect of Termination
Upon termination, your right to use the Service ceases immediately. We may delete your account and User Content in accordance with our Privacy Policy. Sections that by their nature should survive termination will remain in effect.
Governing Law and Disputes
These Terms shall be governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of law provisions.
Any disputes arising from these Terms or your use of the Service shall be resolved in the state or federal courts located in Palm Beach County, Florida, and you consent to the personal jurisdiction of such courts.
Changes to Terms
We may update these Terms from time to time. When we make material changes, we will notify you through the app or by email. Your continued use of the Service after changes constitutes acceptance of the updated Terms.
If you do not agree to the updated Terms, you must stop using the Service and delete your account.
General Provisions
- Entire Agreement: These Terms constitute the entire agreement between you and us regarding the Service and supersede any prior agreements.
- Severability: If any provision of these Terms is found unenforceable, the remaining provisions will continue in effect.
- Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
- Assignment: You may not assign these Terms without our consent. We may assign these Terms without restriction.
Contact Us
If you have any questions about these Terms, please contact us:
Digital VisionWorks LLC
690 Amador LN #4
West Palm Beach, FL 33401
United States
Email: support@dirtbikedialed.com