Terms of Use

Last Updated: November 19, 2024

Welcome to SydQuest, the ultimate journey of self-improvement. Discover challenges that transform your mind, body, and spirit—one step at a time. We are Fat Pegasus LTD (“Company,” “we,” “us,” “our“), a company registered in Ontario, Canada. We operate the mobile application SydQuest (the “App“), as well as any other related products and services that refer or link to these legal terms (the “Legal Terms“) (collectively, the “Services“).

1. Acceptance of Terms and Conditions

By engaging with our Service in any capacity you're affirming your acceptance of these Terms of Use ("Terms") alongside our Privacy Policy. It's important that you read these Terms carefully to understand your rights and responsibilities. If for any reason you find yourself unable to agree with these Terms, we must ask that you refrain from using the Service. You acknowledge that the Service is not available to individuals younger than 13 years of age. Furthermore, if you have not reached the age of majority as defined within your jurisdiction, typically 18 years of age, it is required that your parent or legal guardian reviews these Terms and provides their explicit agreement on your behalf. By proceeding with the use of SydQuest, you warrant that you satisfy the minimum age criterion and, where applicable, have procured the requisite consent from your parent or legal guardian. In the event of account registration, you undertake to supply information that is both truthful and exhaustive, including but not limited to your email, username, and password. The responsibility to safeguard the confidentiality of your account details and password rests solely with you, as does the liability for all activities conducted under your account. Should you represent an organization or entity, you declare that you possess the necessary authority to legally bind said organization to these Terms, including any future amendments thereto.

2. Modifications to the Terms of Use

SydQuest expressly reserves the unilateral right to update, alter, or otherwise modify these Terms of Use at any given time, according to our sole discretion. The essence of such modifications may stem from our continuous efforts to improve the Service, respond to changing legal or operational requirements, or other reasons deemed necessary by us. Upon instituting any significant amendments to these Terms, we commit to providing you with appropriate notice, which may include direct communication or posting details of the changes within the Service itself. Where the law mandates, we will seek your explicit consent to the updated Terms. Your decision to continue accessing and using the Service subsequent to any such notifications or postings will be interpreted as your definitive acceptance of the updated or revised Terms. As a user of SydQuest, you bear the responsibility to regularly review the Terms to ensure awareness of any modifications. Failure to review the posted Terms does not negate their binding effect upon you, provided that changes have been made available within the Service and adequate notice has been given. Should you find any updated Terms unacceptable, you are free to discontinue your use of the Service. Your continued engagement with the Service following the posting of changes will confirm your acceptance of those changes.

3. Service Use and Restrictions

SydQuest grants you a limited, personal, and non-transferable license to use the app for self-improvement and completing challenges. Any misuse, such as interfering with the app’s functionality, using automated tools to access the Service, or violating these Terms, is prohibited. Respectful and constructive participation ensures a positive experience for all users. It is imperative that your engagement with the Service adheres to these Terms. The scope of 'Intended Purposes' explicitly excludes any activities that could potentially disrupt the Service’s operation. This encompasses, but is not limited to, interference with our Service infrastructure, employing bots or any automated means to access the Service, and any other forms of misuse as detailed within our Prohibited Conduct guidelines. Your compliance with these specifications ensures a secure, constructive environment for all users.

4. User Accounts and Security

Upon registering for an account with SydQuest, it is your obligation to furnish information that is both precise and comprehensive. The integrity and security of your account hinge upon the accuracy and timeliness of the information provided during the registration process, as well as any subsequent updates to your account details. You bear the sole responsibility for safeguarding the confidentiality of your account credentials, including your password. Implementing robust password practices—such as the utilization of strong, unique passwords and routine updates—is strongly advised to fortify the security of your account. In the event of any unauthorized access or a security compromise pertaining to your account, immediate notification to SydQuest is required. This enables us to take swift action to protect your account and the Service’s integrity.

5. Data Collection and Usage

SydQuest collects user data related to challenges and quests, such as durations, timestamps, and progress. By using the app, you agree to this data collection and its use as described in our Privacy Policy. This data enhances your app experience and is handled securely.

6. Intellectual Property

The App and its content, features, and functionality are owned by Fat Pegasus LTD and are protected by Canadian and international copyright, trademark, and other intellectual property laws. You agree not to copy, reproduce, distribute, or create derivative works based on the App without the express written consent of Fat Pegasus LTD.

7. Reporting and Moderation:

We are committed to maintaining the integrity of our Service and may moderate User Content to align with our Terms. If you believe any content violates our guidelines or infringes upon your rights, we encourage you to contact us immediately. Our aim is to ensure a transparent process that includes review and, if necessary, an appeals process.

8. Payment Processors

In SydQuest, all financial transactions related to the Service are facilitated through third-party payment processors, adhering to their respective terms of service, privacy policies, and any relevant payment terms and conditions. It is highly recommended that you acquaint yourself with the practices and policies of these third-party entities. SydQuest, and Fat Pegasus LTD assumes no liability for the conduct or performance of any third-party payment processor, including, but not limited to, instances of system downtime or interruptions in payment services. We entrust these transactions to established third-party providers to ensure a secure and efficient payment experience for our users, yet we underscore the importance of reviewing third-party terms to understand fully your rights and obligations within such transactions.

9. Governing Law and Jurisdiction

These Terms of Use and any disputes arising under or in connection with them shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles. By using SydQuest, you agree to submit to the exclusive jurisdiction of the courts of Ontario for resolving any disputes related to these Terms or the use of the Service.

10. Termination

SydQuest reserves the right to terminate or suspend your access to our Service, without prior notice or liability, for any breach of these Terms. Such actions are taken to preserve the integrity of our platform and the safety of our users.

11. Disclaimer and Limitation of Liability

The Service provided by SydQuest is available "as is" and "as available," without any warranty, either expressed or implied, regarding its reliability, stability, or the content therein. SydQuest, including its affiliates, shall not be held liable for any direct, indirect, incidental, or consequential damages arising from your use of the Service, including, but not limited to, losses incurred due to data loss or lost profitability.

12. Indemnity

You agree to defend, indemnify, and hold harmless SydQuest, its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the App; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any copyright, trademark, or privacy right; or (iv) any claim that your User Content caused damage to a third party.

ENTIRE AGREEMENT

These Terms, together with the Privacy Policy, constitute the entire agreement between you and SydQuest concerning your use of the App and supersede any prior agreements between you and SydQuest with respect to the App.

CONTACT

If you have any questions or concerns about these Terms or your use of the App, please contact us at: contact@sydquest.com