Legal
Terms of Service
The terms that apply when you use this website and the software we publish.
These Terms of Service ("Terms") govern your use of the website at saryal.com and of the applications and services published by Saryal Pty Ltd ("Saryal", "we", "us"). By using our website or software, you agree to these Terms. If you do not agree, please do not use them.
1. Applications and app stores
Where you obtain our software through a third-party store — including the Google Play Store — that store's own terms also apply to the download, purchase and billing transaction. These Terms govern your use of the software itself. Where the store's terms and these Terms conflict in relation to the transaction, the store's terms prevail for that transaction.
2. Licence
Subject to these Terms, we grant you a personal, non-exclusive, non-transferable, revocable licence to install and use our software for its intended purpose. Unless a separate written agreement says otherwise, this licence covers use within your own household or organisation.
You may not: copy, modify, translate or create derivative works of the software except as permitted by law; reverse engineer, decompile or disassemble it except to the extent that restriction is prohibited by law; rent, lease, lend, sell, sublicense or redistribute it; remove or obscure any proprietary notice; or use it to build a competing product.
3. Accounts
Some products require an account. You are responsible for the accuracy of the information you provide, for keeping your credentials secure, and for activity that occurs under your account. Tell us promptly at support@saryal.com if you believe your account has been accessed without your authorisation. You must be at least 13 years old — or the minimum age of digital consent in your country, if higher — to hold an account.
4. Acceptable use
You agree not to use our website or software to:
- break any applicable law, or infringe anyone's intellectual property or privacy rights;
- upload or distribute malware, or attempt to gain unauthorised access to any system or account;
- interfere with, disrupt or place an unreasonable load on our services or infrastructure;
- scrape, harvest or bulk-download content except as expressly permitted;
- display or generate content that is unlawful, harassing, defamatory, or that depicts the sexual exploitation of minors;
- misrepresent your affiliation with Saryal or any other person.
We may suspend or terminate access where we reasonably believe these Terms have been breached.
5. Your content
You retain ownership of the content you create, upload or store using our products. You grant us a limited licence to host, store, transmit, display and process that content solely to the extent necessary to operate and improve the product for you, and to comply with the law. We do not claim ownership of your content and we do not sell it.
You are responsible for ensuring you have the rights to any content you use with our products, including any third-party feeds, media or data you choose to display.
6. Purchases, subscriptions and refunds
Prices are shown in the app store or product at the time of purchase and may change with notice. Subscriptions renew automatically for the same period until cancelled, at the price disclosed at purchase.
Purchases made through the Google Play Store are processed by Google, and cancellations and refunds are handled under Google's policies through your Google Play account. Where you purchase directly from us, you may request a refund by emailing support@saryal.com.
Nothing in these Terms limits any non-excludable right you have under the Australian Consumer Law or equivalent consumer protection legislation in your jurisdiction.
7. Third-party services and content
Our products may display or connect to third-party services, feeds and data — including market data, media and business information. That content is provided by its owners, may be inaccurate or unavailable, and is not endorsed by us. Any information presented is provided for general information only and is not financial, investment, legal or professional advice. You should not rely on it for any decision without independent verification.
8. Intellectual property
The website, the software, and all associated names, logos, designs, text and graphics are owned by Saryal or its licensors and are protected by intellectual property law. "Saryal", "LumaTick", "Chicaza Studio" and "Saryal Command" are trade marks of Saryal Pty Ltd. Nothing in these Terms transfers any ownership to you.
9. Pre-release and unreleased products
Products described on this website as "coming soon" or "in development" are not yet released. Descriptions of them are provided for information only, are subject to change, and are not a commitment to deliver any particular feature or release date. Where we make pre-release software available, it is provided as-is and may be incomplete, unstable or discontinued.
10. Availability and changes
We aim to keep our services available but do not guarantee uninterrupted operation. We may modify, suspend or discontinue any part of a product, and will give reasonable notice before discontinuing a paid product or materially reducing its functionality.
11. Disclaimers
To the maximum extent permitted by law, and except for guarantees that cannot be excluded, our website and software are provided "as is" and "as available" without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the software will be error-free, that defects will be corrected, or that any content or data displayed is accurate, complete or timely.
Where the Australian Consumer Law applies and we are permitted to do so, our liability for a failure to comply with a consumer guarantee in respect of goods or services not ordinarily acquired for personal, domestic or household use is limited to resupplying the services, or paying the cost of having them resupplied.
12. Limitation of liability
To the maximum extent permitted by law, Saryal will not be liable for any indirect, incidental, special, consequential or punitive damages, or for loss of profits, revenue, data, goodwill or business opportunity, arising out of or in connection with your use of our website or software, however caused.
To the maximum extent permitted by law, our total aggregate liability arising out of or in connection with these Terms is limited to the greater of the amount you paid us for the relevant product in the twelve months before the event giving rise to the claim, or AUD $100.
Nothing in these Terms excludes or limits liability that cannot be excluded or limited by law, including liability for fraud, or for death or personal injury caused by negligence.
13. Indemnity
You agree to indemnify Saryal against claims, losses and reasonable costs arising from your breach of these Terms, your misuse of our website or software, or content you supply that infringes the rights of another person.
14. Termination
You may stop using our software at any time and delete your account by contacting support@saryal.com. We may suspend or terminate your access if you materially breach these Terms, if required by law, or if we discontinue a product. Sections that by their nature should survive termination — including intellectual property, disclaimers, limitation of liability and governing law — continue to apply.
15. Changes to these Terms
We may update these Terms from time to time. The date at the top of this page shows when they were last revised. Where a change is material, we will give reasonable notice through the product, this website or by email before it takes effect. Continuing to use our website or software after a change takes effect means you accept the updated Terms.
16. Governing law
These Terms are governed by the laws of Australia. You and Saryal submit to the non-exclusive jurisdiction of the courts of Australia and the courts competent to hear appeals from them. If you are a consumer, you retain the benefit of any mandatory consumer protection provisions of the law of the country in which you reside.
17. General
These Terms, together with our Privacy Policy, form the entire agreement between you and Saryal regarding our website and software. If any provision is found unenforceable, the remainder continues in effect. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms without our written consent; we may assign them in connection with a merger, acquisition or sale of assets.
18. Contact
Saryal Pty Ltd (ABN 77 647 002 122), Australia — support@saryal.com