1. ABOUT THESE TERMS
1.1. These Terms and Conditions ("Terms") are entered into by you as a user (“User”, “you” or “your”) and SPECLO Pty Ltd (ABN 67 691 028 967) ("SPECLO", "we", "us", or "our") and govern your access to and use of the SPECLO application available on iOS and Android devices (“SPECLO App”) and related services provided by SPECLO.
1.2. By creating an account, accessing, or using the SPECLO App, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the SPECLO App.
2. SPECLO APP
2.1. We provide personalised workout plans based on the gym equipment available at the facilities of participating gym operators that have entered into separate agreements with us to provide access to the SPECLO App (each, an “Operator”). The SPECLO App analyses the equipment accessible to you at a relevant Operator’s facility and generates tailored fitness programs designed to help you achieve your health and fitness goals.
2.2. The content and features of the SPECLO App include access to workout plans and exercise instructions, integration with gym equipment databases, progress tracking and fitness analytics, and other features as described in further detail on our website (www.speclo.com.au).
2.3. We may modify, add or delete the content, functions, features, performance and other characteristics of the SPECLO App at any time. You must ensure that you download and install the latest version of the SPECLO App as soon as reasonably practicable after it becomes available.
3. Eligibility
3.1. The SPECLO App is intended only for persons who are at least 13 years old, or such higher age as may be required in your jurisdiction. If you are under the legal age to form a legally binding contract in your jurisdiction, you may only use the SPECLO App if you have the permission of your parents or legal guardians to access and use the SPECLO App. If you are a parent or legal guardian of a SPECLO App user under the legal age to form a binding contract in your jurisdiction, you agree to be fully responsible for the acts and omissions of such user, including any breach of these Terms. SPECLO reserves the right to refuse access to the SPECLO App by users under the legal age, acting in our sole discretion.
3.2. You must hold a valid membership with, or an entitlement to use the equipment of, an Operator that has entered into a separate agreement with SPECLO to provide access to the SPECLO App. You acknowledge that your access to certain features via the SPECLO App may be contingent upon your Operator's ongoing participation in the SPECLO program.
4. Account Registration
4.1. To access certain features of the SPECLO App, you must create an account. When creating an account, you agree to provide accurate, current, and complete information about yourself (including but not limited to your full name, email address, height, weight, training experience, fitness objectives and details regarding your Operator). You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. Please refer to Section 9 of these Terms for further details regarding our collection, use, and disclosure of your information, including your personal information.
4.2. You agree to notify us immediately of any unauthorised use of your account or any other breach of security. We are not liable for any loss or damage arising from your failure to protect your account credentials.
4.3. You may only create one account per person. We reserve the right to suspend or terminate any account that we reasonably believe has been created in violation of these Terms or is being used fraudulently.
5. Fees and Payment
5.1. Access to the SPECLO App is provided to you at no charge.
5.2. You acknowledge that if an Operator ceases to participate in the SPECLO program or terminates its agreement with us, certain features available to you via the SPECLO App may be limited, suspended or terminated without liability to you.
5.3. We reserve the right to introduce premium features or services in the future that may be subject to additional fees. Any such fees will be clearly disclosed to you, and your use of premium features will be subject to your express consent.
6. User Obligations and Acceptable Use
6.1. You agree to use the SPECLO App only for lawful purposes and in accordance with these Terms. You must not use the SPECLO App in any way that violates any applicable federal, state, or local law or regulation in Australia, infringes the rights of any third party, or is fraudulent, harmful, or objectionable.
6.2. Without limiting the foregoing, you agree not to attempt to gain unauthorised access to any part of the SPECLO App, other accounts, or any systems or networks connected to the SPECLO App. You must not use the SPECLO App to transmit any viruses, malware, or other harmful code. You must not copy, modify, distribute, sell, or lease any part of the SPECLO App or its content. You must not reverse engineer or attempt to extract the source code of the SPECLO App. You must not use any automated systems or software to extract data from the SPECLO App. You must not use the SPECLO App in any manner that could disable, overburden, damage, or impair it.
6.3. You are solely responsible for your use of the SPECLO App and any consequences thereof. You acknowledge that exercise carries inherent risks, and you assume full responsibility for any injuries or damages that may result from your participation in any workout or fitness activity.
7. Intellectual Property
7.1. The SPECLO App and all content, features, and functionality thereof (including text, graphics, logos, icons, images, audio clips, video clips, data compilations, software, and the compilation thereof, but excluding all User Data) are the exclusive property of SPECLO or its licensors and are protected by Australian and international copyright, trademark, patent, trade secret, and other intellectual property laws.
7.2. SPECLO grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the SPECLO App for your personal, non-commercial use, subject to your ongoing compliance with these Terms. This licence does not include the right to sublicense, sell, resell, or commercially exploit the SPECLO App or any content therein.
7.3. All trademarks, service marks, and trade names used on the SPECLO App are the property of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, or trade name of SPECLO or any third party.
8. User-GENERATED CONTENT
8.1. The SPECLO App may allow users to submit, upload, publish or share User Data (as defined in Section 9.2), including fitness data, progress information, images, text and other materials. You retain ownership of any intellectual property rights you hold in any User Data you submit, upload, publish or share through the SPECLO App.
8.2. You represent and warrant that you own or have the necessary rights to submit your User Data and that all User Data submitted by you or on your behalf is complete, accurate and up to date and is not against applicable law, offensive, obscene or objectionable (which shall be determined in our sole discretion) or otherwise in breach of these Terms.
8.3. To the maximum extent permitted by law, we do not warrant that any User Data displayed on the SPECLO App by you or any third party is accurate, complete, reliable, current or error-free, nor do we make any warranty about the standard or quality of any User Data displayed on, or via, the SPECLO App. We disclaim all liability and responsibility to the extent permitted by law, arising from any reliance placed on such User Data, except where such reliance is based on fraudulent misrepresentation or wilful misconduct on our part. You agree to make your own enquiries to verify any User Data displayed on, or via, the SPECLO App (including User Data of third parties) and to assess the suitability of any User Data before relying upon such User Data. If you choose to rely upon any User Data displayed or published on, or via, the SPECLO App, you do so at your own risk.
8.4. We reserve the right to remove any User Data that we determine, in our sole discretion, violates these Terms or is otherwise objectionable.
8.5. You may remove your User Data by specifically deleting it. However, you acknowledge that in certain circumstances, some of your User Data (such as posts or comments you make) may continue to exist and be available on the SPECLO App.
8.6. The views expressed in any User Data do not represent our views or values.
9. Privacy and Use of User Data
9.1. Your privacy is important to us. Our collection, use, and disclosure of your personal information is governed by our Privacy Policy, which is available at (www.speclo.com.au/privacy) (“Privacy Policy”). By using the SPECLO App, you consent to the collection, use, and disclosure of your personal information as described in our Privacy Policy.
9.2. In addition to the collection and use of personal information as described in our Privacy Policy, you acknowledge and agree that SPECLO may collect, use, store, process, and analyse all data you provide to us or that is generated through your use of the SPECLO App ("User Data"). User Data includes, but is not limited to, account registration information, fitness and workout data, exercise preferences and history, progress tracking information, performance metrics, device and usage data, content, images, text and other materials submitted or published by you through the SPECLO App.
9.3. You grant SPECLO a perpetual, worldwide, non-exclusive, royalty-free, sublicensable and transferable licence to use, reproduce, modify, adapt, analyse, display, publish and create derivative works from your User Data for the purposes of operating, improving, and enhancing the SPECLO App and our services, developing new features, products, and services, conducting research and analytics, generating aggregated and anonymised datasets, training machine learning models and algorithms, and any other commercial or non-commercial purpose.
9.4. You acknowledge that SPECLO may:
(a) create materials, data, insights, works or other things derived or created from or by reference (wholly or partly) to your User Data (“Derivative Materials”);
(b) use User Data and Derivative Materials for its internal business purposes, including to develop, train and improve the SPECLO App or other commercial offerings (including any current or future offerings based on artificial intelligence);
(c) disclose to third parties (including Operators) and commercialise the Derivative Materials, provided that those Derivative Materials do not incorporate your User Data in a form that could reasonably identify you without your prior consent; and/or
(d) use information about your use of the SPECLO App for the purposes of billing, capacity planning, compliance, improving the SPECLO App or other commercial offerings, detecting and addressing threats to the functionality, security, integrity and availability of the SPECLO App, and detecting and addressing breaches of these Terms.
9.5. You acknowledge that your provision of User Data is voluntary, and you are solely responsible for the accuracy and completeness of any User Data you provide. By providing User Data through the SPECLO App, you represent and warrant that you have all necessary rights and permissions to provide such User Data and to grant SPECLO the rights described in this Section.
10. WARRANTIES AND GUARANTEES
10.1. Our services come with guarantees that cannot be excluded under Schedule 2 of the Competition and Consumer Act 2010 (Cth) (“Australian Consumer Law”).
10.2. Nothing in these Terms excludes, restricts, disclaims or modifies any consumer guarantee, right, or remedy conferred on you by the Australian Consumer Law or any other applicable law that cannot be excluded, restricted, disclaimed or modified by agreement.
10.3. To the maximum extent permitted by law, the SPECLO App is provided on an "as is" and "as available" basis without warranties of any kind, whether express, implied, or statutory.
10.4. Without limiting the foregoing and to the maximum extent permitted by law, we disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the SPECLO App will be uninterrupted, error-free, secure, or free of viruses or other harmful components.
11. MEDICAL DISCLAIMER AND ASSUMPTION OF RISK
11.1. Not Medical Advice. The SPECLO App, including all workout plans, exercise routines, fitness content, and any other information provided through the SPECLO App, is intended for general informational and educational purposes only. Nothing contained in or provided through the SPECLO App is intended to be, and shall not be construed as, medical advice, diagnosis, treatment, or a substitute for professional medical advice, diagnosis, or treatment. SPECLO is not a licensed medical care provider and does not provide medical services or render medical advice.
11.2. Consult a Healthcare Professional. You should always consult with a qualified healthcare professional, such as a physician, physiotherapist, or other appropriate medical practitioner, before beginning any exercise program, changing your diet, or making any other changes that may affect your health or wellbeing. This is particularly important if you are pregnant or may become pregnant, have any pre-existing medical conditions (including but not limited to cardiovascular disease, respiratory conditions, diabetes, hypertension, or musculoskeletal disorders), have a history of injury or chronic pain, are taking any medications, have not exercised for an extended period, or are over the age of 40 and have not recently been physically active.
11.3. Inherent Risks of Physical Activity. You acknowledge and agree that physical exercise carries inherent risks, including but not limited to physical injury, disability, and death. Such risks may arise from your own actions or inactions, the actions or inactions of others, the condition of exercise equipment, or the condition of the premises where you exercise (including your Operator’s facility). You voluntarily assume full responsibility for any and all risks of injury, illness, damage, or loss to yourself or your property that may result from your participation in any exercise or fitness activity, whether or not recommended through the SPECLO App.
11.4. Emergency Situations. If you experience any pain, discomfort, dizziness, shortness of breath, nausea, or any other symptoms during exercise, you should immediately stop the activity and seek medical attention if necessary. In the event of a medical emergency, contact emergency services immediately.
11.5. Individual Results. The SPECLO App does not guarantee any specific results from following the workout plans or fitness content provided. Results may vary significantly between individuals based on factors including but not limited to age, gender, physical condition, genetics, diet, consistency of exercise, and adherence to the recommended programs.
12. Limitation of Liability
12.1. To the maximum extent permitted by law, neither party (including their directors, officers, employees, agents and affiliates) shall be liable for any Indirect Loss, being any: (i) loss of profits, anticipated profits, or margins; (ii) loss of revenue or anticipated revenue; (iii) physical injury; (iv) loss of business or contracts; (v) loss of goodwill or reputation; (vi) costs of procuring substitute goods, services, or technology; (vii) any punitive, special, incidental, exemplary, or consequential damages of any kind; and (viii) other loss which does not arise naturally and according to the usual course from any breach of these Terms or other event giving rise to liability.
12.2. To the maximum extent permitted by law, SPECLO excludes all liability (whether in contract, tort (including negligence), statute, or otherwise) for any loss, damage, cost, expense, claim, or injury of any kind arising out of or in connection with the services, facilities, equipment, premises, or conduct of any Operator.
12.3. To the maximum extent permitted by law, our total liability to you for all claims arising out of or in connection with these Terms or your use of the SPECLO App shall not exceed the amount of one hundred Australian dollars (AUD $100).
12.4. The limitations of liability set out in this Section apply to maximum extent permitted by law and whether a claim is made in contract, tort (including negligence), statute or any other basis in law or equity.
13. Indemnification
13.1. You agree to indemnify, defend, and hold harmless SPECLO, its directors, officers, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with our use of your User Data (as contemplated by these Terms) infringing the rights (including intellectual property rights) of a third party.
13.2. We agree to indemnify, defend and hold you harmless against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with your use of the SPECLO App (provided such use is in compliance with these Terms) infringing the rights (including intellectual property rights) of a third party.
14. Termination
14.1. We may immediately suspend or terminate your access to the SPECLO App at any time, with or without notice, if we reasonably determine that:
(a) you have violated these Terms, our policies or guidelines, and have failed to cure such violation within 14 days of receiving written notice from us;
(b) your activities, conduct or transactions on, or, via, the SPECLO App, brings, or has reasonable potential to bring, SPECLO into disrepute, and you have failed to cure such conduct within 14 days of receiving written notice from us;
(c) you use the SPECLO App in a way that is harmful to SPECLO or other users of the SPECLO App, or that affects the operations, security or integrity of the SPECLO App or related services, as determined by our reasonable standard; or
(d) we are required to do so based on requests by law enforcement or other government agencies, in compliance with relevant laws and regulations.
14.2. In addition to Section 14.1, we may suspend or terminate your access to the SPECLO App, with or without cause, by giving you at least 30 days’ written notice, during which time you will continue to have access to the SPECLO App.
14.3. You may terminate your account at any time by contacting us at [insert contact email]contact@speclo.com.au or through the account settings in the SPECLO App.
14.4. Upon termination, your right to use the SPECLO App will immediately cease and your User Data will no longer be accessible by you through the SPECLO App. All of your User Data that is no longer needed will be securely destroyed or de-identified; however, SPECLO may be required to retain your personal information in accordance with applicable laws (including applicable data retention and privacy laws). All provisions of these Terms that by their nature should survive termination shall survive, including intellectual property provisions, disclaimers, limitations of liability, and indemnification obligations.
15. Third-Party Links and Services
15.1. The SPECLO App may contain links to third-party websites, services, or content that are not owned or controlled by SPECLO. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.
15.2. Your interactions with third-party websites and services are solely between you and such third parties. We encourage you to review the terms and conditions and privacy policies of any third-party websites or services that you access through the SPECLO App.
16. Governing Law and Dispute Resolution
16.1. These Terms are governed by and construed in accordance with the laws of New South Wales, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of New South Wales, Australia, for any dispute arising out of or in connection with these Terms.
16.2. Before commencing any legal proceedings, you agree to first attempt to resolve any dispute with us by contacting using the details set out in Section 18 below. If the dispute is not resolved within thirty (30) days of your initial contact, either party may then proceed to formal dispute resolution.
17. General Provisions
17.1. Entire Agreement. These Terms, together with our Privacy Policy and any other legal notices or agreements published by us on the SPECLO App, constitute the entire agreement between you and SPECLO regarding your use of the SPECLO App and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning the subject matter hereof.
17.2. Severability. If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect, and the invalid, illegal, or unenforceable provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable.
17.3. Waiver. No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure by us to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. In addition, no waiver of any term or condition of these Terms shall be effective unless given in writing.
17.4. Amendments to these Terms. We may amend these Terms from time to time for any reason, including to reflect changes to our technology or operating systems, our licensing arrangements, our payment policies, best practices, relevant laws and/or regulatory requirements. We will notify you of any changes by posting the updated Terms on the SPECLO App or by other means of communication. Any such amendments will come into effect no earlier than 30 days after we provide notice of such changes. Your continued use of the SPECLO App after such changes come into effect constitutes your acceptance of the revised Terms. If you do not agree to (or cannot comply with) any changes, you should not use the SPECLO App.
17.5. Assignment. You may not assign or transfer these Terms or your rights or obligations hereunder without our prior written consent. We may assign or transfer these Terms, in whole or in part, to an affiliate or to a purchaser of all or substantially all of our shares or assets.
17.6. Notices. We may provide notices to you via the email address associated with your account or through the SPECLO App. You are responsible for ensuring that your contact information is accurate and up to date.
17.7. Force Majeure. Neither party shall be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from circumstances beyond such party’s reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, strikes, or government actions.
18. Contact Us
18.1. If you have any questions, concerns, complaints or feedback regarding these Terms or the SPECLO App, please contact us at:
Address: C/- EFS Suite 14, Level 3, 924 Pacific Highway, Gordon NSW 2072, Australia
Email: contact@speclo.com.au