TERMS OF SERVICE
We, Sekyo, collectively referred to Sekyo Inc. and Sekyo Innovations Pvt. Ltd. and its successors, assigns, and affiliates bring you a digital subscription service for health and fitness that combines one-on-1 mobile coaching with fitness tracking technology. This will help you live a healthier lifestyle. Although apps and fitness trackers are useful, they lack the element of accountability, motivation, and on-going engagement. Sekyo is a solution to this problem. It connects your smartwatch or activity tracker to a professional fitness coach via the “Sekyo App”, which is available on IOS and Android platforms, and a wearable Sekyo band (“Sekyo Tracker”). The website Sekyo.com contains more information about Sekyo, our product and the Sekyo App. Together they are referred to as “Platform”. The “Services” include the Platform, Sekyo App, and Sekyo Tracker. This is to make it easier for you to read and clearer. These Terms of Service along with the Privacy Policy (“Terms”) govern your access to and use of the Services, so please read them carefully before using the Services. By accessing and using any of the Services, you agree to be bound by these Terms. If you do not agree to be bound by these Terms, please do not access or use any of the Services.
These Terms may be updated as our business expands and new functionality is added to the Services. We will not give you notice prior to revising these Terms. This page shows the last time these Terms were revised. These Terms, including any revised Terms that you continue accessing and using the Services, and all other terms, conditions and policies of Sekyo constitute a binding and valid agreement between you, Sekyo Innovations Pvt. Ltd.
YOUR USE OF SERVICES
To access and use the Services, you must be at least 18 years old. You should also be able and able to contract according to the laws in your country. These Terms and any laws that apply to your access and use are the only way you can use the Services.
You can learn more about Sekyo products once you have purchased them.
To register for an account or access the Services, you will need to give certain information. This includes your full name, email address password, gender, profile picture and contact details. This information is your responsibility.
Register for the Services using your existing email accounts, such as Gmail, Hotmail, etc. Your username will be your email address. Your username and password must be kept confidential. For your account, we encourage you to use strong passwords. These passwords use a combination or upper and lowercase letters, numbers, and symbols. All activities under your account are your responsibility, even those of others to whom your username and password have been given. Please notify Sekyo immediately if you suspect that your account has been compromised or unauthorized.
WE DO NOT PROVIDE MEDICAL ADVICE
Sekyo DOESNT PROVIDE MEDICAL ADVICE. You should not use the SITE or its services for any MEDICAL or MENTAL HEALTH PURPOSES. If you believe that you are a danger to your self or others, or if you have a medical emergency or medical need, call the EMERGENCY MEDICAL SERVICES IN YOUR HOME JURISDICTION. Sekyo Services, including information through personalized coaching, are not meant to diagnose or provide treatment for any mental or medical condition. Nothing on the platform or in the Services is intended to be used as a means of offering or rendering a medical or mental healthcare opinion or diagnosis.
Your physician should be consulted before you make any changes to any aspect of your diet or exercise program. Your physician has given you permission to use the Services. The Services do not provide any information about your medical conditions or potential mental health issues. We also disclaim all liability for products, training, nutrition, and relationships with Eco-System partners. These third parties are third parties that we have signed up with to track your health records, data, such as Max Hospitals. Sekyo cannot be held responsible for any lifestyle changes you make based on the information received through the Service.
Sekyo DOES NEITHER RECOMMEND OR REFER, ENDORSE OR VALUATE ANY ADVICE, INFORMATION PRODUCT, ECOSYSTEM PARTNER or OPINION, OR GUARANTEE ANY OTHER INFORMATION OR SERVICES. Sekyo DOES NO WARRANT THE ACCURACY OF COMPLETENESS, SAFETY OR QUALITY OF ANY CONTENT OR ANYTHING WRITTEN OR SAID BY ANY COACH, ECO-SYSTEM Partner, OR ANY ADVICE. Sekyo is not responsible for any damage that may be caused by the use of such information or advice from any coach, ECO-SYSTEM member, or user. SEKYO’S aggregate monetary liability for any loss, harm, or injury that may occur as a result of the use of the SERVICES will be limited to the amount you have paid.
MODIFICATIONS TO SERVICES AND DATA
As we add new features to the Services, they may change. The Services (or any part thereof) may be temporarily, permanently or indefinitely discontinued by us at any time. We will not notify you. Sekyo is not responsible for any deletion or inability to store data, or any other content transmitted through the Services.
USER CONTENT
All information, data and text (“User Content”) you upload, transmit to, publish, display or post (“Post”) via the Platform, email, or any other transmission or use via the services, including content posted using the Sekyo Tracker, are your sole responsibility. We may use technology tools to analyze, screen, track, extract and compile data or information that is generated by the use of the Services. You agree not to use the Services to transmit or post any content that is illegal, threatening, spam or contains software viruses. Sekyo may also decide to restrict or inhibit any other person’s access to the Services or expose Sekyo to any harm or liability. You agree that Sekyo may remove any User Content at its sole discretion without notice.
You won’t use the Services in a way that is illegal or harmful to Sekyo, its employees, directors, affiliates distributors partners service providers and/or other users of the Services. The Services may not be used in any way that could disable, overburden or block the Services or prevent or interfere with the enjoyment and use of any other party.
Sekyo is exempt from any and all liability arising from the User Content via the Platform or Services that violates any applicable laws or rights of third parties.
Your feedback, questions and comments about the Platform or Services are welcome (“Submissions”) However, any suggestions or comments you make to Sekyo will not be considered confidential and will become the property Sekyo. Sekyo can use these Submissions in any way they wish, commercial or noncommercial, and without compensation.
You acknowledge that you own the copyright to the User Content you post on the Platform or transmit via the Services. You grant Sekyo an irrevocable, worldwide, royalty free license to copy, distribute, display and modify the User Content you post to the Platform in any form. This license is applicable to all works of authorship for User Content.
You agree that Sekyo can remove or take down any User Content you post to the Platform.
SERVICES CONTENT
Services Content may include content and information, such as text, audio, video or images (“Services Content”), that are protected under copyright, patents, trademarks, trade secrets, or other rights. Sekyo owns all Services Content. Sekyo grants you a worldwide, royalty-free license to use the Service Content only for your personal and non-commercial purposes. Except for that, the Platform and the Service Content cannot be republished or transmitted, stored, sold or modified without our prior written consent.
Data mining, scraping, data mining or other data extraction methods are strictly prohibited. You may not use the Platform Content or Services Content for any other purpose than those authorized by these Terms. Sekyo may also terminate your license granted under these Terms. Sekyo, its affiliates, and our partners own the technology and software that underpins the Services (the “Software”) You must not reverse engineer, reverse-assemble, modify, or attempt to find any source code version. Except for the limited rights granted by these Terms, we retain all rights, title and interests in and to the Software and Services Content.
The Sekyo logos and names are trademarks and service mark that are proprietary to Sekyo and are their property (collectively, the “Sekyo Trademarks”) Other brand names, logos and products of companies that are displayed on the Services could be trademarks owned by their respective owners. They may or not endorse Sekyo or be associated with it. If you are not authorized by Sekyo or the owner of the trademark, Sekyo will not allow you to register or attempt registration for the use of any Sekyo Trademarks.
Sekyo owns all intellectual property in the Platform and Services and in the Platform and Services. This includes the software and platform used in them, as well as the underlying techniques and works used by Sekyo to create the Platform and Services. Copyright in such works is also reserved for Sekyo. Sekyo does not grant any license or assignment to you through your use of the Platform and Services.
THIRD PARTY CONTENT
The Services might provide links to or provide third-party links that direct users to other sites or resources on the Internet. Sekyo does not have any control over these sites or resources. Sekyo also is not responsible for such sites or resources. Sekyo is not responsible for or liable, either directly or indirectly, in respect of any content, events or goods, or any loss, that may be caused or alleged, by or in connection to the use or reliance on such resource or site. You must comply with the terms of use for any third-party resources, including websites. Sekyo will not be responsible for your use.
Sekyo is not responsible for third-party content and does not endorse it. It is your responsibility to evaluate the usefulness and accuracy of any third-party content. Sekyo doesn’t pre-screen content. However, Sekyo and its designees have the right (but no obligation) to refuse to remove or delete any content made available via the Services. This includes any content that violates the Terms and/or is deemed inappropriate or unlawful by Sekyo. Sekyo does not have any responsibility for the content of third-party content you use.
THIRD PARTY SERVICES
In certain cases, the Services may be made available to you as a result you buying or availing certain third-party products / service and/or (ii) when you bundle certain third-party products /services. You would be subject to the terms and policies of third parties when you use such products / services. Sekyo is not responsible for any loss you might incur due to your use of such products / services. These Terms do not apply to the use of third-party products / services.
INTERMEDIARY
Sekyo, as a publisher, is responsible for Third Party Content uploaded/transmitted via the Services. It would also be considered an intermediary under the Information Technology Act 2000 and any rules thereunder. Sekyo is an intermediary and has no liability for any User Content or Third Party Content uploaded to the Platform. However, Sekyo is not legally bound to you or any other third party to remove or take down such User Content or Third Party Content, unless a court order or notification from a government agency.
REPEAT INFRINGER POLICY
Sekyo will terminate repeat violators in the appropriate circumstances. Sekyo can also limit access to the services and/or terminate memberships of users who violate any intellectual property rights or breach applicable laws.
WE NEED COMPLETE INFORMATION
Sekyo Services can only advise you based on what you’ve described. Please ensure that you share accurate and complete information.
QUALITY ASSURANCE
You agree that the information you provide through your use of these Services could be reviewed by Sekyo’s quality assurance program. All records kept by the Sekyo Quality Assurance Team are confidential. All chats, emails and audio and video calls are recorded for quality and training purposes.
If you have questions about any symptom, medical condition or any aspect of your health, we strongly advise that you consult your doctor.
INDEMNITY
You agree to defend, indemnify and hold harmless Sekyo (including its affiliates, its directors, employees and officers) from any losses, liabilities, damages, demands, suits, causes of action, judgments, costs or expenses (including court costs and reasonable attorneys’ fees) incurred arising out of or relating to any claim or demand made by any third party due to or arising out of or relating to violation of these Terms of use of the Platform and / or Services.
TERMS FOR PURCHASES ON SEKYO STORE
All Sekyo purchases are final and non-refundable. The warranty clause below allows for product exchanges.
Even if you cancel your order pre- or post-shipping, Sekyo Cash will not be refunded.
Warranty: Electronic items purchased from the Store are not covered by warranty unless specifically stated.
For faster resolution, please contact the following email ID and contact numbers if you have any concerns about products sold by 3rd Party Vendors/Suppliers.
Shipping: All purchases at the Sekyo Store will be delivered within 7 business days
DISCLAIMER OF WARRANTIES
ALL USE OF THE SERVICES IS AT YOUR OWN RISK. SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. NOTHING ON THE WEBSITE OR SERVICES SHOULD CONSTITUTE MEDICAL AWARE OR A FORMAL RECOMMENDATION. WE EXCLUDE ALL WARRANTIES AND REPRESENTATIONS RELATING TO SERVICES AND CONTENT.
SEKYO DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS FOR THE SECURITY AND RELIABILITY OF (I) THE WEBSITE, SERVICES AND CONTENT; and (II) THIRD PARTY SERVICES OR PRODUCTS ADVERTISED ON THE SITE OR RECEIVED VIA THE SERVICES. (III) ANY INFORMATION CONTENT OR ADVICE RECEIVED THOUGH THE SITE, LINKS, PRODUCTS, OR SERVICES.
SEKYO DOES NOT WARRANT OR REPRESENT THAT ERRORS IN THE WEBSITE AND SERVICES WILL BE CORRECTED.
SEKYO DOES NOT RESPONSIBILITY OR LIABILITY FOR ANY USER CONTENT YOU MAY POST TO THE SITE. YOU ARE SOLELY RESPONSIBLE IF SUCH USER CONTENT IS POSTED ON THE WEBSITE.
You agree that any content accessed / downloaded from the site will be at your sole discretion and you would be responsible for any damage to your computer resources or loss of data resulting from accessing / downloading such content.
SEKYO cannot guarantee the validity, authenticity and honesty of user content due to its open nature. SEKYO is not responsible for any user content on the site, nor for the consequences of you reading such user content. You agree that you are solely responsible for the content of any user posts to the site.
Always use caution when giving out any personal identifying information about yourself or your children.
LIMITATION OF LIABILITY
SEKYO NOR THIRD PARTY SERVICE PROVIDERS ARE LIABLE IF ANY TECHNICAL DIFFICULTIES RESULTING IN LOSS OF YOUR DATA OR PERSONALIZATION SETTINGS, OR OTHER INTERRUPTIONS IN OUR SERVICES. Neither SEKYO nor any third party is liable for the deletion, loss, MIS-delivery, timeliness or failure to store or transmit the SERVICES CONTENT or your PERSONALIZATION SETTINGS.
SEKYO will not be liable for any DIRECT, INDIRECT or INCIDENTAL, SPECIAL CONSEQUENTIAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY PROFIT DAMAGES OR DAMAGES FOR LOSS of PROFITS (EXCEPT IF SEKYO IS ADVISED OF THE POSSIBILITY); (II). UNAUTHORIZED ACCESS OR ALTERATIONS OF TRANSMISSIONS; CONTENT OR INFORMATION THAT YOU MAY USE OF THE SERVICES… SEKYO’S total liability to you for any damages, losses or causes of action will not exceed the amount of your subscription fees.
CERTAIN WARRANTIES MAY NOT BE EXCLUDED OR LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL AND CONSEQUENTIAL DAMAGES MAY NOT BE ALLOWED IN MANY JURISDICTIONS. You may not be able to apply some of the aforementioned limitations. If you are unhappy with any portion of the SERVICES or these TERMS, your sole and exclusive remedy is to discontinue using the SERVICES.
SUSPENSION / TERMINATION OF YOUR ACCOUNT
Sekyo may terminate or suspend your account (or any portion thereof), or remove or discard any content from the Services at any time without notice to you. We may refer accounts or content to authorities if we suspect fraud, abuse, or illegal activity. Sekyo is not responsible for your termination of access to the Services. Once you have started your service, you cannot stop it or hibernate it.
Your right to use the Platform or Services Content, regardless of reason, will be immediately terminated or suspended. You acknowledge and agree that we can immediately deactivate, delete, or bar access to your account, as well as any related files, and/or block any further access to the Platform or Services. Sekyo will not be responsible for any damages or claims arising from the termination or suspension or other actions we take in connection with such termination or suspension. It is not permissible for a single player to have multiple accounts. Without prior notification, one account would be closed.
MISCELLANEOUS
These Terms, including the Privacy Policy, constitute the entirety of your agreement with Sekyo. They govern your use and interaction with the Services and supersede any prior agreements between Sekyo and you. Additional terms and conditions may apply to third-party software, affiliate services, or third-party content. These Terms will be governed solely by Indian law. You and Sekyo both agree to submit themselves to the exclusive and personal jurisdiction of the Mumbai courts, India. Sekyo’s failure to enforce any term of these Terms does not constitute a waiver of that right. If any provision of these terms is found to be invalid or unenforceable, it will be limited to the minimum extent possible and all other provisions will continue to apply.
YOUR PRIVACY
Sekyo may use your personal data to access the Platform and/or Services. This information may be shared with third parties and/or disclosed as described in the Privacy Policy. Sekyo respects the privacy of its users. We have described our collection, storage and use of personal data as well as registration data in our Privacy policy. Acceptance of these Terms and your use of the Platform, and/or the Services will be considered acceptance of the Privacy Policy.
WARRANTY
The Sekyo Tracker (Device), is fully covered for any Manufacturing Defects during the term of your Paid Coach Subscription Plan, or for 1 year, whichever comes first.
The strap will not be included in the shipment of the Sekyo device.
Sekyo will mail you a new device once they have received the original.
Please Note:
In the event that your Tracker is lost or damaged, warranty will not apply.
The Sekyo strap is not covered by warranty
The warranty would be valid only for continuous subscriptions without gaps. If your original subscription is expired and you renew it after expiry, the warranty will not apply to you.
Sekyo Activation Codes can only be used to activate a new account and they are valid for activation for a maximum of 90 days after purchase.
SUBSCRIPTION
Email ID allows you to manage your subscription
Our Sekyo Plans can be subscribed to using your email ID. This is done by following the relevant steps on this Application. By doing so, you agree to accept the following:
* At confirmation of purchase, payment will be charged to iTunes Account.
* Subscriptions automatically renew unless auto-renew has been turned off at the least 24 hours prior to the end of the current term.
* The renewal fee will be added to your account within 24 hours of the expiration of the current period.
* Subscribers can be managed by the user. Auto-renewal can be disabled by going to the account settings of the user after purchase.
* Sekyo will manage the purchase of a subscription if it is logged in with the same Sekyo account that purchased the subscription.
RETURN POLICY
If you are not satisfied with the Sekyo brand accessory or device, you can request an immediate replacement/exchange. This right of return does not apply to any Paid Services purchased or renewed, as described in and governed under our Terms for Paid Services. You are not eligible for shipping and handling fees, gift wrap fees and taxes (such as GST, state, customs or GST). All costs associated with returning the accessory or device to us are your responsibility. You must comply with the following conditions to be eligible for a replacement:
Within 48 hours of delivery, request a replacement authorization
For a successful return, please keep the item in its original condition.
Before replacing the product, we may reach out to you to verify the defect or damage.
We reserve the right to refuse to accept any return that does not meet the above conditions.
Note: Once an order has been placed, it cannot be refunded. However, it can be replaced. Any manufacturing defect shall be replaced according to the Warranty Statement.
ADVERTISEMENT
Sekyo has the right to place any advertisement or publicity material it chooses, even if it is not related to itself, for commercial use via electronic means on the Platform or via the Services.
SEVERABILITY
Any court may declare one or more provisions in this Agreement invalid, illegal, or unenforceable. However, it will not affect the validity, legality, and enforceability of any other provisions.
ASSIGNMENT
Without Sekyo’s prior written consent, you may not assign or sublicense the rights, duties, or obligations under these Terms to any person or entity. Sekyo Innovations Pvt. Ltd. may sub-license or assign any of its rights or duties under these Terms to any of its affiliates without your consent.
CONFLICT
If there are any conflicts between these Terms and the Privacy Policy and any other policies or disclaimers applicable on specific pages of this Platform or any part of it, the following order shall apply: (i), the Privacy Policy (ii), these Terms (iii), any other policies that may be applicable to certain pages of this Platform.
COMPLAINTS / GRIEVANCES
We are available via live chat on the Sekyo website or application to address any grievances or complaints regarding the Platform, Services, and/or Platform Content.
If you have any questions or concerns regarding the Terms, Please contact us via Live chat from Sekyo application or website.