Terms of Use
Version 1.1 · In force from 12 September 2026
These Terms of Use (the "Terms") constitute a binding agreement between you (the "User") and the independent developer of the Clipset mobile application (the "Developer"). They govern the download, installation and use of the application. By installing or using the application the User confirms that the User has read these Terms, understands them and accepts them in full. A User who does not accept these Terms must not install or use the application.
Definitions
In these Terms the following expressions bear the meanings set out below.
- Application or App means the Clipset software for iOS, including all its versions, updates, components and accompanying materials.
- Developer means the independent developer who owns and distributes the Application and who may be contacted at tesserly.dev@gmail.com.
- User means any natural person who installs or uses the Application.
- User Content means videos, images, text, exercises, workouts, programs and any other material that the User imports into or creates within the Application.
- Pack means a single signed and encrypted
.clipsetfile generated by the Application, containing User Content selected by the User for transfer to a third party. - Recipient means a person to whom the User transfers a Pack.
- Subscription means Clipset Pro, the auto-renewable subscription distributed through the App Store.
- App Store means the digital distribution platform operated by Apple Inc. and its subsidiaries (Apple).
Subject matter and acceptance
The Application is a personal tool enabling the User to build an exercise library from the User's own video material, to organise that material into workouts and programs, to conduct training sessions and to record training progress.
These Terms enter into force in respect of the User on the date of first installation or use of the Application and remain in force for as long as the User continues to use it.
Acceptance of these Terms is expressed by installing or using the Application. No separate signature is required.
The Developer provides no coaching, training supervision, programming or other professional service, and does not review, verify or approve User Content.
The Application is intended for persons aged 13 years or over. A User who has not attained the age of majority in the User's jurisdiction shall obtain the consent of a parent or legal guardian before using the Application.
Relationship with Apple
These Terms are concluded between the User and the Developer alone. Apple is not a party to them.
The Application is licensed, not sold. The Apple Licensed Application End User License Agreement applies in addition to these Terms. Where a provision of these Terms conflicts with that agreement on a matter governed by it, that agreement prevails.
The Developer alone is responsible for the Application and for its content, maintenance and support. Apple has no obligation whatsoever to furnish any maintenance or support services in respect of the Application.
Any claim that the Application fails to conform to an applicable warranty shall be addressed to Apple, which may refund the purchase price. To the maximum extent permitted by applicable law Apple has no other warranty obligation whatsoever in respect of the Application.
Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon the User's acceptance of them, have the right to enforce them against the User.
The User represents that the User is not located in a country subject to an embargo imposed by the Government of the United States or designated by that Government as a terrorist-supporting country, and that the User is not listed on any list of prohibited or restricted parties maintained by that Government.
Grant of licence
The Developer grants the User a limited, personal, non-exclusive, non-transferable and revocable licence to install and use the Application on Apple-branded devices that the User owns or controls, in accordance with the Usage Rules of the App Store.
The licence covers use of the software itself. Use of the Application to prepare training material that the User supplies to the User's own clients is permitted and does not constitute a breach of this clause.
The User shall not sell, rent, lease, sublicense, distribute or otherwise make the Application available to third parties, nor remove or alter any proprietary notice contained in it.
All rights not expressly granted by these Terms are reserved to the Developer.
Health, safety and assumption of risk
The Application is not a medical device. It provides no medical advice, diagnosis or treatment and shall not be relied upon as a substitute for professional healthcare.
Physical exercise, and resistance training in particular, entails an inherent risk of injury. The User determines independently which exercises to perform, what loads to use and at what intensity to train.
Before commencing or materially altering a training regime the User should obtain medical advice, in particular where the User is pregnant, is recovering from injury or illness, or has a cardiovascular, metabolic, joint or blood-pressure condition.
Exercise videos, descriptions and workouts within the Application are created by the User or by a third party and are not reviewed by the Developer for accuracy, suitability or safety.
The User shall cease exercising immediately and seek medical assistance upon the occurrence of pain, dizziness, shortness of breath or any other abnormal symptom.
The User uses the Application and trains entirely at the User's own risk and assumes full responsibility for any resulting injury or harm to health.
User Content
All rights in User Content remain vested in the User. The Developer acquires no ownership of User Content and claims no licence over it.
User Content is stored locally on the User's device. The Developer neither receives it nor has access to it and accordingly performs no moderation of it.
The User warrants that the User holds all rights necessary to import, store and transfer each item of User Content and that no such item infringes the intellectual property, privacy or personality rights of any third party.
Where User Content depicts an identifiable person other than the User, the User is responsible for obtaining that person's consent before storing or transferring it.
The User bears sole responsibility for the lawfulness of User Content in the jurisdiction of the User's residence and in that of any Recipient.
Packs and transfer to third parties
A Pack contains the User Content selected by the User together with the User's author name and public Clipset ID. The User determines the Recipient and the channel of transmission.
Transmission occurs directly between the User and the Recipient by means of a service chosen by the User. A Pack does not pass through any infrastructure of the Developer, who accordingly exercises no control over the transfer and gives no warranty in respect of it.
The expiry date and recipient lock available for a Pack are protective measures and do not constitute digital rights management. Once media is present on a Recipient's device it may be recorded, copied or redistributed by other means, and the User accepts that risk in deciding to transfer a Pack.
Where the User supplies Packs to the User's own clients for consideration, that transaction is concluded exclusively between the User and the client. The Developer is not a party to it, receives no commission, processes no payment and gives no warranty in respect of it. The User bears sole responsibility for invoicing, taxation, refunds and compliance with consumer-protection law.
The User shall not use Packs to distribute unlawful content, content infringing the rights of third parties, or paid content belonging to another person without that person's authorisation.
Clipset Pro subscription
Clipset Pro is an auto-renewable subscription offered on monthly and yearly terms and distributed exclusively by Apple through the App Store.
The price applicable in the User's territory is displayed in the Application and in the App Store before the purchase is confirmed. Payment is charged to the User's Apple Account upon confirmation of purchase.
The Subscription renews automatically for successive periods of equal duration unless the User cancels it not later than 24 hours before the end of the current period. The renewal charge is applied within the 24 hours preceding the end of that period.
Where an introductory free trial is offered, it applies to the first Subscription only and converts into a paid period upon its expiry unless cancelled beforehand. Any unused portion of a trial is forfeited upon the purchase of a Subscription.
The Subscription may be managed or cancelled at any time in App Store → the User's profile → Subscriptions. Deletion of the Application does not cancel a Subscription.
Refunds are administered by Apple in accordance with the policy of the App Store. The Developer is not in a position to grant, refuse or process refunds.
Expiry or cancellation of a Subscription does not delete User Content. Features requiring a Subscription are locked once more, and content exceeding the limits of the free tier becomes available for viewing only.
Where the User is a consumer in the European Union or in another jurisdiction conferring a statutory right of withdrawal, that right is exercised through Apple in accordance with the policy of the App Store.
Clipset Pro is also offered as a one-time purchase ("Lifetime"). It unlocks the same features permanently for the Apple Account that made the purchase, is not a subscription and does not renew. The provisions of this section on price, payment and refunds apply to it accordingly.
Free tier and usage limits
The Application may be used without a Subscription, subject to quantitative limits on the creation of content. As at the date of these Terms those limits are 12 exercise clips, 2 workouts and 1 shared Pack. The limits in force are displayed in the Application.
The receipt and import of a Pack are subject to no limit and require no Subscription.
The Developer reserves the right to adjust the limits of the free tier and the scope of the Subscription. Such adjustments operate prospectively and do not delete content already created by the User.
Acceptable use
The User shall not:
- decompile, disassemble or reverse-engineer the Application, or attempt to derive its source code, save to the extent such acts are expressly permitted by mandatory law;
- circumvent, disable or otherwise interfere with the Pack signature, the encryption, the recipient lock or the expiry mechanism, nor assist any third party in doing so;
- use the Application to store, process or transfer unlawful content;
- misrepresent the authorship of a Pack or impersonate another person;
- use the Application in a manner that infringes the rights of third parties or contravenes applicable law.
A contravention of this clause constitutes a material breach of these Terms.
Data storage and backups
The Application stores all data locally on the User's device. The Developer operates no server on which User Content is stored and consequently holds no copy of it.
Loss, resetting, replacement or repair of the device, or deletion of the Application, results in the irretrievable loss of the data stored locally.
The User bears sole responsibility for creating and safeguarding backups. The backup file exported by the Application permits full restoration of the library and shall be stored securely.
The processing of personal data is governed by the Privacy Policy, which forms an integral part of these Terms.
Intellectual property
The Application, its source code, design, user interface, name, logo and all associated materials are protected by copyright and other intellectual property rights and remain the exclusive property of the Developer.
These Terms transfer no intellectual property right to the User beyond the licence granted in clause 4.
Third-party components incorporated in the Application remain subject to their own licence terms.
Availability, modification and discontinuation
The Developer may modify the Application, add or remove features and release updates at the Developer's discretion.
The Developer may cease to distribute or support the Application. In that event the Application continues to operate on the User's device for as long as the installed version remains compatible with the operating system, and the User's data remains on the device.
The Application depends upon iOS and upon services operated by Apple. Changes made by Apple to the operating system, to the App Store or to StoreKit may affect the operation of the Application and lie outside the Developer's control.
The Developer does not warrant that the Application will operate without interruption or error.
Disclaimer of warranties
To the maximum extent permitted by applicable law the Application is supplied "as is" and "as available", without warranty of any kind, whether express, implied or statutory, including without limitation any implied warranty of merchantability, fitness for a particular purpose, accuracy or non-infringement.
No information or advice given by the Developer, whether oral or written, creates any warranty not expressly set out in these Terms.
Certain jurisdictions do not permit the exclusion of implied warranties. In such jurisdictions the exclusions set out in this clause apply only to the extent permitted by law, and the mandatory statutory rights of the User as a consumer remain unaffected.
Limitation of liability
To the maximum extent permitted by applicable law the Developer shall not be liable for indirect, incidental, special, consequential or punitive damages, nor for loss of profit, loss of business, loss of data or loss of opportunity, arising out of or in connection with the use of or the inability to use the Application.
The Developer shall not be liable for injury or harm to health arising from the manner in which the User trains, for the conduct of any Recipient, or for loss of data occasioned by device failure, deletion, operating-system fault or the absence of a backup.
Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that may not be excluded or limited under applicable law.
Where liability may not be excluded, the aggregate liability of the Developer in respect of all claims is limited to the amount paid by the User for the Application and any Subscription during the twelve months preceding the event giving rise to the claim.
Indemnity
The User shall indemnify the Developer against, and hold the Developer harmless from, any third-party claim, liability, loss, damage, cost or expense, including reasonable legal fees, arising out of User Content, the transfer of a Pack, a breach of these Terms by the User, or a contravention by the User of applicable law or of the rights of third parties.
Term and termination
These Terms remain in force for as long as the User uses the Application.
The User may terminate them at any time by ceasing to use and deleting the Application. Deletion of the Application does not terminate a Subscription, which shall be cancelled separately through the App Store.
The Developer may terminate the licence granted under these Terms with immediate effect where the User commits a material breach of them.
The provisions concerning User Content, intellectual property, disclaimer of warranties, limitation of liability, indemnity and governing law survive termination.
Governing law and disputes
These Terms are governed by the law of Ukraine, to the exclusion of its conflict-of-law rules and of the United Nations Convention on Contracts for the International Sale of Goods.
Where the User is a consumer habitually resident in another State, the mandatory consumer-protection provisions of the law of that State remain applicable, and the User retains the right to bring proceedings before the courts of the User's place of residence.
The parties shall endeavour to settle any dispute amicably before instituting proceedings. A request to that effect shall be addressed to the Developer at the address given in the final clause of these Terms.
Amendment of these Terms
The Developer may amend these Terms, in particular in order to reflect changes in the Application, in applicable law or in the policy of the App Store.
The version in force is published at this address and bears the date of its entry into force. Material amendments are additionally notified within the Application.
Continued use of the Application after the entry into force of an amendment constitutes acceptance of the amended Terms. A User who does not accept them shall cease using the Application.
Miscellaneous
Should any provision of these Terms be held invalid or unenforceable, the remaining provisions continue in full force, and the invalid provision shall be replaced by a valid provision approximating as closely as possible its economic purpose.
Failure or delay by the Developer in exercising a right under these Terms does not constitute a waiver of that right.
The User may not assign or transfer the User's rights or obligations under these Terms. The Developer may assign them in connection with a transfer of the Application.
These Terms, together with the Privacy Policy and the Apple Licensed Application End User License Agreement, constitute the entire agreement between the parties in respect of the Application and supersede any prior understanding relating to it.
These Terms are drawn up in English. Translations are provided for convenience only; in the event of divergence the English version prevails.
Contact
Questions, notices and requests arising under these Terms shall be addressed to the Developer by electronic mail at tesserly.dev@gmail.com.