These Terms & Conditions (“Terms”) govern your use of the Sequal App application and website (the “Service”). Sequal App is a registered business name of Cybertech Solutions (ACN 631 941 841, ABN 70 631 941 841) (“we”, “us”, “our”). By using the Service, you agree to these Terms. If you do not agree, do not use the Service.
1. Eligibility
You must be at least 12 years old to use the Service. If you are under 18, you confirm that you have your parent or guardian's permission. By using the Service you confirm you can form a binding contract with us.
2. Your right to use the Service
We grant you a personal, non-exclusive, non-transferable, revocable licence to use the Service in accordance with these Terms. The Service is provided for your own use; you must not resell or redistribute the Service itself (this does not limit your ownership of, or right to share, the content you create — see section 4). Exercise videos, images and other media that we provide within the Service (for example the built-in Discover library) are licensed for use inside the Service only — see section 10.
3. Accounts and security
You can use the Service on your device, unlimited, without an account. Some features (such as cloud sync) require you to create an account using email, Google or Apple. You are responsible for keeping your credentials secure and for activity under your account. Tell us promptly at contact@sequal.app if you suspect unauthorised use.
4. Your content and ownership
You retain all ownership of the activities, groups, sequences, programs and other content you create (“Your Content”). We claim no ownership of it.
Commercial use is permitted. There are no restrictions on you using the content you create for any purpose, including commercially — for example with your own clients, classes or business. This permission covers the content you create; it does not extend to the Sequal App-provided catalog media described in section 10, which remains ours even when it appears inside content you have built around it.
To provide the Service (including cloud sync, backup and sharing features you choose to use), you grant us a limited, non-exclusive licence to host, store, copy and process Your Content solely as needed to operate those features for you. This licence ends when you delete the content or your account, subject to routine backups (see the Data & Retention Policy).
5. Media and copyright responsibility
The Service lets you add media (audio, video and images) and to stream third-party content such as YouTube videos. You are solely responsible for the media you add.
- We do not, and are not able to, review, verify or monitor uploaded media for copyright, trademark, licensing or other rights. We make no representation that any media is cleared for your use.
- You represent and warrant that you own, or have all necessary rights and licences to use, any media you add, and that your use of it does not infringe any third party's rights or any law.
- You must comply with the terms of any third-party service you stream from (for example YouTube's terms).
- You agree to indemnify us against any claim, loss or cost arising from media you add or from your breach of this section, to the extent permitted by law.
If you believe content infringes your rights, please use our Copyright & Takedown process.
6. Acceptable use
You must use the Service lawfully and in line with our Acceptable Use Policy. Among other things, you must not misuse the Service, attempt to break its security, or use it to store or share unlawful or infringing content.
7. Subscriptions and billing
The Service is free to use on your device. Sequal Pro is an optional subscription that adds cloud sync and 1 GB of cloud media storage, for $5/month or $36/year (USD).
- Merchant of Record. Subscriptions are sold and processed by Polar as Merchant of Record, through a secure web checkout. Polar's terms also apply to the transaction.
- No in-app purchases. There are no in-app purchases on iOS or Android.
- Auto-renewal. Subscriptions renew automatically each period until cancelled. You can cancel at any time and will keep access until the end of the period you have paid for.
- After cancellation. Your cloud copy is kept for a 30-day grace period and then removed unless you resubscribe; your local library is unaffected. See the Data & Retention Policy.
- Price changes. We may change subscription prices; changes apply from your next renewal and we will give reasonable notice.
Refunds are described in our Refund Policy.
8. Free use
Free use on your device is unlimited — there are no caps on the number of activities, groups, sequences or programs you can create, and no account is required. Cloud sync and related features require a Sequal Pro subscription.
9. Cloud storage and fair use
Sequal Pro cloud storage is subject to the 1 GB limit and to fair use. We may take reasonable steps to protect the Service and other users from excessive or abusive use.
10. Our intellectual property
The Service itself — including its software, design, branding and the Sequal App name and logo — is owned by us or our licensors and is protected by law. These Terms do not give you any rights in our intellectual property except the limited licence to use the Service.
Sequal App-provided catalog media. The exercise videos, demonstration images, thumbnails, audio and other media we supply within the Service (including the built-in Discover library) are owned by us or our licensors and are protected by copyright. They carry the Sequal App logo and a © watermark to make this visible. You may view and use them within the Service only, including inside activities, groups, sequences and programs you build. You must not extract, download for use elsewhere, copy, redistribute, publish, sell or otherwise use this media outside the Service, and you must not remove or obscure the watermark. Sharing features built into the Service (such as sharing an item with another Sequal App user) are permitted — the recipient receives the media through the Service under these same Terms.
11. Health and safety disclaimer
Sequal App is a tool for building and timing physical activity and breathing exercises. It is not medical advice and is not a substitute for professional guidance. Exercise carries risks. Consult a qualified health professional before starting any new fitness, yoga or breathing routine, especially if you have a medical condition, are pregnant, or are unsure whether an activity is safe for you. You use the Service and any routine at your own risk and are responsible for exercising safely.
12. Australian Consumer Law
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy you have under the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law (“ACL”), which cannot lawfully be excluded. Where our liability for failing to comply with a consumer guarantee can be limited, our liability is limited (at our option) to re-supplying the service or paying the cost of re-supply.
13. Disclaimers
Other than as set out in section 12 and any guarantees that cannot be excluded by law, the Service is provided
“as is” and “as available”, and we do not warrant that it will be uninterrupted, error-free or that data will never
be lost. You are responsible for keeping your own copies (for example by exporting .fitpack files).
14. Limitation of liability
To the maximum extent permitted by law (and subject to section 12), we are not liable for any indirect, incidental, special or consequential loss, or for loss of data, profits or goodwill, arising from your use of the Service. To the extent our liability can be limited, our total liability is limited to the amount you paid us for the Service in the 12 months before the event giving rise to the liability.
15. Indemnity
To the extent permitted by law, you agree to indemnify us against claims, losses and costs arising from Your Content, media you add, or your breach of these Terms or any law.
16. Suspension and termination
You can stop using the Service and delete your account at any time. We may suspend or terminate access if you breach these Terms or use the Service unlawfully. Sections that by their nature should survive termination (such as ownership, disclaimers, liability and indemnity) will survive.
17. Changes to the Service and these Terms
We may update the Service and these Terms from time to time. We will post updated Terms here and change the “Last updated” date. Material changes will be notified where appropriate. Continuing to use the Service after changes take effect means you accept the updated Terms.
18. Governing law
These Terms are governed by the laws of Queensland, Australia, and you submit to the non-exclusive jurisdiction of the courts of Queensland and the Commonwealth of Australia.
19. Contact
Cybertech Solutions (ABN 70 631 941 841), Queensland, Australia
Email: contact@sequal.app