Please read these Terms carefully. They form a legally binding agreement between you and Bailog.
1.1These Terms of Use (Terms) govern your access to and use of the Bailog mobile application, the Bailog Cloud storage service and the website at bailog.app (together, the Service).
1.2The Service is operated by Bailog (ABN 81 551 577 940), a sole trader business operated from New South Wales, Australia (Bailog, we, us or our).
1.3By creating an Account, signing in to, or otherwise using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Service.
1.4Our Privacy Policy explains how we collect and handle your personal information. You should read it together with these Terms.
In these Terms:
3.1You must be at least 16 years of age to use the Service.
3.2If you are under 18 years of age, you confirm that your parent or legal guardian has read and agreed to these Terms on your behalf.
3.3The Service is offered for personal, non-commercial use.
4.1You must provide a valid email address and keep your Account details accurate and up to date.
4.2Your Account is personal to you. You must not share your sign-in details or allow another person to use your Account.
4.3You are responsible for keeping your password secure and for all activity that occurs under your Account. You must notify us promptly if you believe your Account has been accessed without your permission.
5.1The Service is a private log of your own dance training. It allows you to record training sessions, to store videos of those sessions on your device and in Bailog Cloud, and to keep music files on your device.
5.2Subject to these Terms, we grant you a personal, non-exclusive, non-transferable, revocable licence to install and use the Bailog application on devices that you own or control.
5.3The Service is not designed for general file storage, or for sharing or publishing Content to other people.
5.4The Service is currently provided for testing. We may add, change or remove features, and the Service may be unavailable from time to time, including for maintenance.
6.1You retain ownership of your Content. Nothing in these Terms transfers ownership of your Content to us.
6.2You grant us a non-exclusive, royalty-free, worldwide licence to host, store, reproduce, process (including by creating a smaller version of each video) and transmit your Content, solely for the purpose of providing the Service to you. We do not use your Content for any other purpose.
6.3The licence in clause 6.2 ends when your Content is deleted from the Service, except to the extent that we are required by law to retain it.
6.4You are responsible for your Content. You represent and warrant that:
7.1You must not add to the Service any Content that:
(together, Prohibited Content).
7.2You must not:
8.1We do not routinely view your Content. We may access and review Content only where:
8.2If we reasonably believe that Content is Prohibited Content, or that you have otherwise breached these Terms, we may, without prior notice:
8.3To report Content or conduct that may breach these Terms, contact us at hello@bailog.app.
9.1Bailog Cloud is subject to a storage limit for each Account. We may change that limit from time to time, and will notify you before a reduced limit affects Content that you have already stored.
9.2When you delete a session, it is moved to Recently Deleted for 30 days, after which the session and its videos are permanently deleted.
9.3We take reasonable care to keep your Content secure and available. However, the Service is not a backup service, and we do not guarantee that Content will never be lost. You are responsible for keeping your own copies of Content that is important to you. The Service does not alter or delete the original recordings stored in your device’s gallery.
10.1The Service is currently provided free of charge.
10.2If we introduce paid plans, we will tell you the price and the terms that apply before you are asked to pay. You will not be charged without your agreement.
11.1The Service, including the Bailog name, logo, application and website, and all intellectual property rights in them, are owned by or licensed to us. Except for the licence in clause 5.2, these Terms do not grant you any rights in them.
11.2If you give us feedback or suggestions about the Service, we may use them without restriction and without payment to you.
12.1The Service relies on third-party providers, including for sign-in, storage, crash reporting and distribution of the application. Your use of a third-party service (for example, signing in with Google, or choosing to save copies of your videos to your own Google Drive) is also subject to that provider’s terms.
12.2We are not responsible for third-party services that we do not control.
We handle your personal information in accordance with our Privacy Policy, available at bailog.app/privacy.html.
14.1You may stop using the Service and delete your Account at any time from the Account tab in the application. Deleting your Account permanently deletes your sessions and your videos in Bailog Cloud.
14.2We may suspend or terminate your Account immediately if you breach clause 7, or if you otherwise materially breach these Terms and, where the breach can be remedied, fail to remedy it within a reasonable time after we ask you to do so.
14.3We may discontinue the Service. If we do, we will give you at least 30 days’ notice so that you can save your Content, unless we are prevented from doing so by law or by circumstances beyond our reasonable control.
14.4Clauses 6.4, 8.2, 11, 15, 16, 17 and 19 continue to apply after these Terms end.
15.1Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that you have under the Australian Consumer Law, or under any other law, that cannot lawfully be excluded, restricted or modified (Non-Excludable Rights).
15.2Subject to your Non-Excludable Rights, the Service is provided “as is” and “as available”, and we exclude all warranties, representations and guarantees that are not expressly set out in these Terms.
15.3The Service is a training log only. It does not provide dance instruction, or medical, health or fitness advice. You are responsible for your own training and safety.
16.1Subject to your Non-Excludable Rights, and to the maximum extent permitted by law, we are not liable for:
16.2Subject to your Non-Excludable Rights, and to the maximum extent permitted by law, our total liability to you in connection with the Service is limited to the greater of the amount you paid us for the Service in the 12 months before the claim arose and AUD $100.
16.3Nothing in this clause 16 limits our liability for loss caused by our fraud or wilful misconduct.
You indemnify us against any loss, damage, cost or expense (including reasonable legal costs) that we incur as a result of a claim by a third party arising from your Content or from your breach of these Terms, except to the extent that we caused or contributed to that loss.
18.1We may change these Terms from time to time. The current version, and the date it took effect, will always be available at bailog.app/terms.html.
18.2If a change is material, we will notify you in the application or by email before it takes effect.
18.3If you do not agree to a change, you may stop using the Service and delete your Account. Your continued use of the Service after a change takes effect constitutes your acceptance of the changed Terms.
These Terms are governed by the laws of New South Wales, Australia. You and we submit to the non-exclusive jurisdiction of the courts of New South Wales.
20.1If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions continue to apply.
20.2A failure by us to enforce a right under these Terms is not a waiver of that right.
20.3You may not assign or transfer your rights under these Terms without our consent. We may assign our rights and obligations to a person who takes over the operation of the Service, provided that your rights under these Terms are not reduced.
20.4These Terms, together with the Privacy Policy, constitute the entire agreement between you and us in relation to the Service.
20.5We may give you notices in the application or by email to the address on your Account.
Bailog, ABN 81 551 577 940, New South Wales, Australia. Email: hello@bailog.app