Terms of Service for the use of the mobile application Equilab.
Welcome to Equilab! We are very happy to see that you are interested in our mobile application and we hope that you and your horse will enjoy Equilab equally much. We recommend you read these terms of service before using the application, as they explain the terms that apply to your use of Equilab.
1.1. The mobile application Equilab (“Equilab”) is a digital horse coach helping riders to keep better track of their horses, exercises and co-riders. Equilab is provided by Equestrian Insights AB, a Swedish limited liability company with registration number 559061-7543 (“Equestrian Insights”, “we” or “us”). These terms of service (these “Terms”) apply to and govern your use of Equilab, including any services provided, through or in connection with Equilab. You can read more about us and Equilab on our websites, www.equilab.horse, www.equilabapp.com or www.Equestrian Insights.com (collectively the “Websites”).
1.2. Equilab measures the movements of your horse by using innovative technology and automatically extracts vital information about your riding – provided that Equilab is turned on and used in accordance with all instructions given. By analyzing the data extracted from your riding, Equilab provides you with metrics and other information related to your trainings and personal goals. You will have the possibility to share information about your horse-riding successes and struggles through Equilab Social, an integrated part of Equilab.
1.3. The information generated from your riding and other usage of Equilab is updated continuously, even if your device is offline. However, we recommend you to keep your device online in order to get a full summary of your content in Equilab and to get the best user experience. Make sure to keep the information about you and your horse updated at all times to get the most accurate information from Equilab.
2. USER ACCOUNT
2.1. In order to use Equilab you have to create a user account (your “Account”). The information required to register your Account will be asked of you during the registration process, and you are responsible for entering correct information. In order to create an Account, you must be at least 18 years old. If you are under 18 years old, you must have received permission to create an Account from your legal guardian. You can create an Account by using your Facebook account or your email address. You have to sign in to your Account in order to use Equilab.
2.2. When you sign in with your Facebook account, Facebook will give us the information required to create your Account, and will get access to information regarding your login. You may not login with any other Facebook account than your own, and you may not login with several different accounts.
2.3. To get started and get Equilab’s metrics, you have to enter (and continuously update) the information about you and your horse. The information you provide will help you to keep better track of your horse, the horse’s exercises and your co-riders through Equilab. You can also log in on the Websites to access and enter information to your Account.
2.4. You may share your information to other Equilab users by making your profile public and you may also see other public user accounts and shared horses in your stable. You can adjust what information to share in your profile settings.
2.5. You also have the possibility to contact your co-riders through Equilab’s chat function. The chat is for personal non-commercial use only (you may e.g. not advertise in the chat). You have to be online in order to access the chat.
2.6. If you are a co-rider of a horse you may share your Equilab information about your riding of that horse either by sharing the profile of the horse with other riders in your stable, or by connecting to a horse profile shared by a co-rider.
3. USE OF EQUILAB
3.1. We are not liable for any unauthorized access to your Account due to your negligence (e.g. by not keeping your account or login information secure). Your Account may only be used by you, and shall not be transferred to another person. If you become aware of any unauthorized access to your Account or Equilab, you shall inform us as soon as possible.
3.2. You may not use Equilab to publish any material that constitutes a crime or infringes upon any third-party intellectual property rights.
3.3. You are responsible for all actions relating to the use of your Account and you shall ensure that the Account is used in accordance with these Terms and applicable laws. If you publish content which we in our sole discretion find indecent, abusive or offensive, we may delete such posts and terminate your account. We also reserve the right to terminate or suspend your account without prior notice if you commit a breach against these Terms or applicable laws. We cooperate with the police and other authorities if you commit a criminal act.
3.4. You may not use technology that may harm Equilab, or use Equilab to spread malicious technologies, e.g. malware, viruses, worms, Trojan horses, spyware, or other potentially harmful software, material or information. You may not copy, decompile or otherwise make changes to or in Equilab.
3.5. You agree to defend, indemnify, and hold Equestrian Insights harmless from all liabilities, claims and expenses that are caused or can be related to your use or misuse of Equilab, violation of these Terms, your gross negligence or infringement of any intellectual property or other right of any person or entity by you.
4. FEES AND PAYMENT
4.1 You will be able to use Equilab free of charge for 7 days following the registration of your Account. In order to continue using Equilab after this period, you will need to choose one of the subscription plans presented in Equilab.
4.2 We may from time to time offer special features or deals through Equilab, such as extended features and reduced fees. All applicable fees are continuously updated and presented in our price list, which you find in Google Play Store and App Store.
4.3 Reductions of fees do not affect your obligation to pay the fee agreed upon and/or already paid by you. Payments are definitive and non-refundable.
4.4. Unless otherwise specified, payment shall be made in advance. We may limit or restrict your access to Equilab or parts of Equilab if payment is not made when due.
4.5. Equestrian Insights uses third-party payment methods via Google Play Store and App Store. We are not responsible for any technical errors or difficulties related to the payment method.
5. REPRESENTATION AND WARRANTIES
5.1 Equilab is provided, to the extent allowed under law, “as is” and “as available” without any representations or warranties of any kind, expressed or implied, including but not limited to merchantability, fitness for a particular purpose, quiet enjoyment, or non-infringement.
5.2. We do our best to make sure that Equilab meets your expectations. However, Equestrian Insights does not warrant that Equilab will (i) meet your requirements or expectations; (ii) be available on an uninterrupted, secure or error-free basis; or (iii) not cause any latency or processing delays. Equestrian Insights does not warrant the accuracy, timeliness, reliability, truthfulness, or completeness of any information obtained through Equilab and does not take responsibility for content published in or through Equilab by other users or content on linked sites in Equilab. No information, whether oral or written, will create any warranty or representation not expressly made herein.
5.3. Your use of Equilab is at your own risk and account. By agreeing to these Terms you waive, to the extent allowed under law, all rights to claim damages as result of your use of Equilab or Equestrian Insights’ failure to provide Equilab in a satisfying manner.
5.4. The foregoing exclusions and disclaimers are an essential part of these Terms and form a basis enabling us to offer Equilab to you. The laws of certain jurisdictions do not allow exclusion or limitation of certain warranties and/or damages. If those laws apply to you, some or all of the above disclaimers may not apply to you in full and you may have additional rights.
6. CHANGES, UPDATES etc.
6.1. We reserve the right to, at any time, update, change, modify, suspend provision of or withdraw Equilab without incurring any liability whatsoever. These Terms shall apply to any updates made to Equilab, such as additional features or modifications.
6.2. We strive to keep Equilab available at all times and to meet your expectations. To achieve this, we are entitled to, without prior notice, perform updates and changes as well as removing or add content and features in Equilab. This might affect your access to Equilab temporarily, but we will always try to restore your access as quickly as possible.
6.3. All or part of Equilab, or features within Equilab may, at any time, be disturbed or affected by factors beyond our control. If you experience such disturbance, please contact us.
7.1. If you experience any technical issues or problems with accessing Equilab or parts of Equilab, please contact us at firstname.lastname@example.org. We will do our best to address your concerns and reply to your questions as soon as we can.
8. INTELLECTUAL PROPERTY
8.1. Any information, software, data or other materials developed or provided by us or our licensors used to provide Equilab, including all intellectual property rights (such as but not limited to copyright, trademarks, trade names or trade dress) therein, shall remain the sole and exclusive property of Equestrian Insights or its licensors.
8.2. When you download Equilab, you will free of charge receive a non-exclusive, non-transferable and revocable license to use Equilab in accordance with these Terms. Any use of Equilab other than as specifically authorized herein, without the prior written permission of us, is strictly prohibited and will automatically terminate the license granted herein.
8.3. You may not without our prior written consent sell, license, rent, sublicense, modify, make changes to, distribute, copy, reproduce, transmit, publicly display or perform, publish, adapt, edit, disassemble, decompile or create derivative works of Equilab.
9. LIMITATION OF LIABILITY
9.1. We strive to give you as precise information as possible through Equilab, but we do not give any guarantees regarding the metrics, statistics or other information presented in Equilab. You are fully responsible for your use of Equilab as well as any and all actions taken by you as a result of the information you receive in Equilab. You are aware of and accept that all metrics, statistics and other information presented in Equilab is dependent on the information provided by you, and should not be taken as professional advise regarding your horse.
9.2. As every horse and rider are unique, we advise you to consult a veterinary or other expert before you make any key decisions regarding your horse based on any information presented in Equilab.
9.3. You agree that Equestrian Insights and its affiliates will not be liable to you or any third party for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we and our third party application providers have been advised of the possibility of such damages), resulting from (i) the use or inability to use Equilab; (ii) the cost of getting substitute goods and services resulting from any products, data, information or services purchased or obtained or messages received or transactions entered into through or from Equilab; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of anyone in connection with the use of Equilab; or (v) any other matter relating to Equilab.
9.4. Except for when we have acted with gross negligence, Equilab shall always be discharged from liability for breach against these Terms resulting from circumstances out of our control.
10.1. We may, from time to time, send emails and push notifications to you, such as newsletters, offers and other “nice to know” information. You can easily turn off push notifications in your device settings or unsubscribe any future mailings by following the instructions given when you receive an email from us.
10.2. In order not to miss any important information, make sure to keep your contact information updated at all times. All communications related to Equilab may be done electronically, for example via email or interface in Equilab. Such messages may inform you about distributions, new versions, additional information on Equilab, support etc. We will always inform you by email or through Equilab of changes of these Terms.
11. CHANGES AND TERMINATION
11.1. We may, from time to time, update these Terms. Changes shall become effective upon your acceptance of the updated Terms.
11.2. These Terms apply until terminated. You may at any time terminate these Terms by deleting Equilab from your mobile device. However, the termination of these Terms shall not affect any remedy owed to Equestrian Insights at the time of termination.
11.3. Equestrian Insights reserves the right to, without prior notice and with immediate effect, at any time and without any reason, modify, limit, suspend or terminate your use of Equilab and/or these Terms.
11.4. Any license granted to you will immediately cease upon termination of these Terms.
11.5. Notwithstanding anything in the above, Sections 3, 6 and 7 above shall survive termination of these Terms.
12. GOVERNING LAW AND DISPUTE RESOLUTION
12.1. These Terms shall be construed in accordance with and governed by the substantive law of Sweden, excluding the applicability of the International Sale of Goods Act and the United Nations Convention on Contracts for the International Sale of Goods (CISG).
12.2. Any dispute, controversy or claim arising out of or in connection with your use of Equilab or with these Terms, or the breach, termination or invalidity thereof, shall be settled by public Swedish courts, with Göteborg District Court as first instance.
13. PERSONAL DATA