Set Tally Terms of Use

Distilled Intellect, Inc. · the same text the app prints under Legal. The Privacy Policy is its own page, privacy-policy.html.

SET TALLY TERMS OF USE
End User License Agreement · Effective October 18, 2026 · Distilled Intellect, Inc.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING SET TALLY.

These Terms of Use (the “Terms”) are an agreement between you and Distilled Intellect, Inc. (“we”, “us”), the publisher of the Set Tally app (the “App”). By installing or using the App, or by ticking “I have read this and agree” and continuing, you agree to these Terms. If you do not agree, do not use the App.

1. Not medical advice

Set Tally is a training log and planning aid, not medical advice and not a medical device. Every number it shows — estimated one-rep maxes, suggested weights, sets and reps, heart-rate intensity, BMI, body roundness, body-fat bands, fitness age, bone-density readouts and test scores — is an estimate calculated from published formulas and the entries you typed, and can be wrong. Nothing here diagnoses, treats, or prevents any condition, and none of it replaces your doctor.

Talk with your doctor before starting or changing an exercise program — especially with osteoporosis or osteopenia, a heart condition, joint or back trouble, or any injury on record. Stop any exercise that causes pain. A suggested weight is a starting point for your own judgment, not an instruction, and the App cannot see your form, your equipment, or how you feel today. You use the App at your own risk.

2. Your license

We grant you a personal, limited, non-exclusive, non-transferable, revocable license to install and use the App on devices you own or control, for your own non-commercial use, as allowed by these Terms and by the rules of the store you got it from (the Apple App Store or Google Play). You may not: copy, sell, rent, lend, sublicense or redistribute the App or its content; reverse engineer, decompile or take apart the App, except where the law allows it despite this term; extract the App’s exercise library, technique text, tables or other content to build or feed another product or service; get around a subscription, the free trial, a usage limit or a security feature; or use the App to break any law.

3. Subscription

The App is offered with an auto-renewing subscription, monthly or yearly, after a free trial. The price and the length of each period are shown in the App and in the store before you confirm. Payment is charged to your Apple ID account or your Google Play account when you confirm the purchase. Auto-renewal: a subscription renews automatically for the same period and price unless you turn off auto-renew at least 24 hours before the end of the current period; your account is charged for the renewal within the 24 hours before the current period ends. Free trial: the trial turns into a paid subscription at its end unless you cancel at least 24 hours before it ends. Managing and canceling: you can manage or cancel at any time in your Apple ID account settings or in Google Play under Payments and subscriptions; canceling stops the next renewal and you keep access until the end of the period you paid for. Price changes: if a price changes, the store tells you first, as its rules require, and you can cancel before the new price applies. Refunds follow the store’s policy — Apple at reportaproblem.apple.com, or Google Play’s refund policy; we cannot issue refunds for store purchases ourselves. Restore: if you change phones, use RESTORE MY SUBSCRIPTION in the App with the same Apple ID or Google account. If a subscription ends, nothing you saved is deleted: your log stays on your phone and SAVE FILE still works; training with the App needs an active subscription.

4. Payment information

Distilled Intellect, Inc. does not collect, process or store your credit card information. Distilled Intellect, Inc. may use a third-party payment processor to collect and process your credit card and payment information. Purchases made through the Apple App Store or Google Play are processed by Apple or Google under their own terms and privacy policies, and we receive no card details from them.

5. Your data stays on your phone

Your log — workouts, sets, cardio, routines, measurements, tests, notes and settings — is stored on your phone, not on our servers. We do not receive it, back it up or share it. Backups and exports go only where you put them. You are responsible for making backups; if your phone is lost, reset or replaced, or the App is deleted, data that was not backed up cannot be recovered by us. How the App uses Apple Health, Health Connect, your watch, Face ID or fingerprint, music and files is described in the Privacy Policy below, which is part of these Terms.

6. Your content

You own what you enter in the App. Because it stays on your phone, we do not need and do not take any license to it. If you share a workout, a routine, a backup or a file with someone, you are responsible for that sharing.

7. Information from others

The App’s suggestions, scores and bands are calculated from published formulas, tables and coaching references, which are credited in References. We do not control those sources and do not promise that their figures fit you. Readings the App takes from Apple Health, Health Connect, your watch or an imported file are only as good as the device or app that produced them.

8. Where the App is offered

The App is offered through the Apple App Store and Google Play in the United States. We make no claim that the App or its content is appropriate or available anywhere else. If you use the App outside the United States, you do so on your own initiative and are responsible for following the laws that apply where you are.

9. Updates to the App

We may update, change or remove features, data sources or content, and we may stop offering the App. If a paid feature you subscribe to is removed for good, you can cancel as described in section 3. You agree that Distilled Intellect, Inc. has no obligation to provide or enable any Updates, or to continue to provide or enable any particular features or functionality. You agree to promptly download and install all applicable Updates, and you acknowledge and agree that portions of Set Tally may not operate properly should you fail to do so. You also agree that Updates will be deemed part of the App and be subject to these Terms. Authorized Updates are only available through the Apple App Store or the Google Play Store.

10. Ownership

The Set Tally name and the tally-mark design belong to Distilled Intellect, Inc.; Set Tally™ is its trademark. The App’s design, text, artwork and exercise library are © 2026 Jan G. Neal and licensed to Distilled Intellect, Inc. All are protected by copyright and trademark law. These Terms give you no rights in them except the license in section 2. No part of the App may be copied, redistributed, resold, or built into another product without written permission.

Other trademarks. Garmin®, Fitbit®, Withings®, Tanita®, Omron®, Samsung®, Apple®, Face ID®, Android™, RepCount, Strong and Hevy are trademarks of their respective owners, named in this app only to say which devices, apps and files it can read or which platform features it uses, and Set Tally is not affiliated with, endorsed by, or sponsored by any of them. Matrix® and Matrix Fitness® (Johnson Health Tech), Life Fitness®, Hammer Strength® and MTS® (Life Fitness), FreeMotion® and FreeMotion Fitness® are trademarks of their respective owners, named here only so you can tell one gym machine from another and match an exercise to the machine in front of you. Their setup and technique wording was read from the instruction placards fixed to the machines and from the makers’ published information; Set Tally is not affiliated with, endorsed by, sponsored by or approved by any of them, and no maker has reviewed this app. ACE® and the American Council on Exercise® are trademarks of the American Council on Exercise, whose published Exercise Library is credited in References as a source for movement form only — Set Tally is not affiliated with, endorsed by, certified by or approved by ACE. NSCA® and the National Strength and Conditioning Association® are trademarks of that association, whose published coaching of the weightlifting movements is credited in References as a source for movement form only — Set Tally is not affiliated with, endorsed by, certified by or approved by the NSCA. The organizations and researchers cited in References — ACSM, WHO, the CDC, EWGSOP and the rest — are credited as sources only; this app is not affiliated with or endorsed by any of them. Set Tally is not affiliated with, endorsed by, or sponsored by the US Army, US Navy, US Marine Corps, US Air Force, the National Institute on Aging (NIA), the CDC, or any referenced author and publisher.

11. No warranty

THE APP AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, express or implied — including, without limitation, the implied warranties of merchantability and fitness for a particular purpose, and any warranty of accuracy or non-infringement, to the fullest extent the law allows. No promise is made that the App, its data, or any feature — including timers, suggestions, imports and backups — will be available, accurate, or error-free, or will function when needed.

12. Limit of liability

TO THE FULLEST EXTENT THE LAW ALLOWS, DISTILLED INTELLECT, INC., ITS OWNERS, OFFICERS, AUTHORS AND LICENSORS ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, PERSONAL INJURY OR DEATH, ARISING FROM YOUR USE OF OR INABILITY TO USE THE APP OR ANY CONTENT IN IT — INCLUDING ANY INJURY SUSTAINED WHILE PERFORMING AN EXERCISE IT SUGGESTED OR LOGGED — EVEN IF WE WERE TOLD IT MIGHT HAPPEN. OUR TOTAL LIABILITY FOR ANY CLAIM IS LIMITED TO THE AMOUNT YOU PAID FOR THE APP IN THE TWELVE MONTHS BEFORE THE CLAIM. Some places do not allow some of these limits; there, they apply as far as the law allows.

YOU WAIVE AND HOLD HARMLESS DISTILLED INTELLECT, INC. AND ITS AFFILIATES, LICENSEES AND PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY DISTILLED INTELLECT, INC. OR ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

13. Indemnification

You agree to defend, indemnify and hold harmless Distilled Intellect, Inc., its affiliates, licensors and providers, and their officers, directors, employees and agents, from any claim, loss, liability, damage, cost or expense, including reasonable attorneys’ fees, arising from your use of the App, anything you enter in or share from it, or your breach of these Terms or of any law.

14. Ending these Terms

These Terms last until ended. They end automatically if you break them. You can end them by deleting the App. When they end, you must stop using the App. Sections 1, 5, 6, 7, 8, 10, 11, 12, 13, 16, 17, 18 and 19 continue after the Terms end.

15. If you got the App from Google Play

Google is not a party to these Terms and is not responsible for the App. Your use of Google Play, and purchases made through it, are also subject to the Google Play Terms of Service and Google Play’s payments and refund policies. Subscriptions bought through Google Play are billed, renewed, canceled and refunded through Google Play as described in section 3.

16. If you got the App from the Apple App Store

(a) Parties. These Terms are between you and Distilled Intellect, Inc. only, and not with Apple Inc. (“Apple”). Distilled Intellect, Inc., not Apple, is solely responsible for the App and its content. These Terms may not give you usage rules that conflict with the Apple Media Services Terms and Conditions in effect on the date you accept them. (b) Scope of license. The license in section 2 is limited to using the App on Apple-branded products you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that the App may also be accessed and used by other accounts associated with you through Family Sharing or volume purchasing. (c) Maintenance and support. Distilled Intellect, Inc. is solely responsible for providing any maintenance and support for the App, as set out in these Terms or as required by law. Apple has no obligation at all to provide maintenance or support for the App. (d) Warranty. Distilled Intellect, Inc. is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App to you. To the maximum extent permitted by law, Apple has no other warranty obligation at all with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to a warranty are the sole responsibility of Distilled Intellect, Inc. (e) Product claims. Distilled Intellect, Inc., not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession and use of it, including (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy or similar laws, including in connection with the App’s use of the HealthKit framework. (f) Intellectual property. If a third party claims that the App or your possession and use of it infringes that third party’s intellectual property rights, Distilled Intellect, Inc., not Apple, is solely responsible for the investigation, defense, settlement and discharge of that claim. (g) Legal compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. (h) Developer contact. Questions, complaints or claims about the App go to Distilled Intellect, Inc., using the contact details in section 20. (i) Third-party terms. You must comply with any applicable third-party terms of agreement when using the App, for example your wireless data service agreement. (j) Third-party beneficiary. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and once you accept them, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

17. Age

You must be at least 18 years old to use the App. By accepting these Terms you confirm that you are 18 or older.

18. Governing law

These Terms are governed by the laws of the State of Florida and of the United States, without regard to conflict-of-law rules. Any dispute that is not resolved informally will be heard in the state or federal courts located in Volusia County, Florida, and you and we consent to their jurisdiction, except where the law of the place you live gives you the right to bring a claim where you live.

19. Language

These Terms are written in English. If they are translated, the English version controls.

20. Updates to Terms and contact

We may change these Terms. The App shows the new Terms and asks you to agree before you keep using it, and the date at the top changes. If you do not agree to new Terms, stop using the App and cancel any subscription as described in section 3.

Notice to California residents. Under California Civil Code section 1789.3, California users are entitled to the following: the App is provided by Distilled Intellect, Inc., 850 New Burton Road, Suite 201, Dover, DE 19904, telephone 323-364-3911. The App is free to install; the subscription is charged at the price shown in the App and in the store before you confirm. To resolve a complaint about the App or to ask for more information, contact us at privacy@distilledintellect.ai. 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, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

If any part of these Terms cannot be enforced, the rest stays in effect. These Terms, with the Privacy Policy, are the whole agreement between you and us about the App.

Contact: Distilled Intellect, Inc. · 850 New Burton Road, Suite 201, Dover, DE 19904 · 323-364-3911 · questions about these Terms: legal@distilledintellect.ai · privacy questions: privacy@distilledintellect.ai