Welcome to The Equestrian App. These Terms of Service ("Terms") represent a legally binding contract between you and Smart Barn Technologies, a subsidiary of Extreme Software Inc. ("we," "us," or "our"). These Terms govern your access to and use of The Equestrian mobile application ("EquestrianApp"), our associated websites, services, tools, and the related platforms (collectively, the "Equestrian Platform" or "Service").
Important Legal Notice
PLEASE READ THESE TERMS CAREFULLY. By downloading the App, creating an account, or accessing the Service, you represent that you have read, understood, and agreed to be bound by these Terms. THESE TERMS CONTAIN IMPORTANT CLAUSES THAT AFFECT YOUR LEGAL RIGHTS, INCLUDING SECTION 9 (BINDING ARBITRATION), A CLASS ACTION WAIVER, AND SPECIFIC LIMITATIONS OF OUR LIABILITY. If you do not agree to these Terms, you are prohibited from using the Service.
Eligibility Requirements
To access or use the Equestrian Platform, you must be a resident of the United States who can form legally binding contracts under applicable law. You must be at least 13 years old to register an account or use any feature of the Service. Access to the Equestrian Platform is prohibited in jurisdictions outside the United States where such access would violate local laws or regulations. If you access the Service from outside the United States, you do so at your own risk and are solely responsible for local compliance.
2. Account Management
To unlock certain features of the Service (such as ride tracking, vet logs, and barn chat), you must register and maintain an active account. You agree to provide accurate, current, and complete information during registration and to update such information promptly should it change.
You are solely responsible for safeguarding the credentials and security of your account. You agree that you are fully responsible for all activities, messages, subscription purchases, and content posts made under your account credentials. If we have reason to believe your account information is inaccurate, compromised, or fraudulent, we reserve the right to suspend or terminate your account immediately and refuse all current or future access to the Service.
3. Subscriptions & Billing
While the core features of The Equestrian App are provided free of charge, we offer premium features on a subscription basis ("EquestrianApp Premium Services"). By subscribing, you agree to pay the recurring subscription fees outlined at the time of purchase, including all applicable transaction fees and taxes.
Subscription Automatic Renewal Policy
RECURRING CHARGES: Your premium subscription is billed on a recurring monthly or annual billing cycle. UNLESS YOU CANCEL YOUR SUBSCRIPTION AT LEAST TWENTY-FOUR (24) HOURS BEFORE THE END OF YOUR CURRENT BILLING PERIOD, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW. You authorize your designated payment account (Apple App Store, Google Play, or PayPal) to collect the then-applicable renewal fees and taxes automatically without further notice to you.
Payment Issues & Delinquency
If your primary payment method is declined or expires, your premium benefits may be suspended, and your subscription placed on hold. If you update your payment information successfully, your billing period will reactivate, and a new billing period will begin on the date of successful processing. We reserve the right to modify our premium fee structures at any time; however, we will provide you with reasonable advance notice by email of any fee changes, which will take effect at the start of your next billing cycle if you do not cancel.
4. Free Trials & Cancellations
Premium subscriptions may begin with an introductory free trial period. Trial eligibility is determined in our sole discretion to prevent abuse, and we may utilize device identifiers or account emails associated with recent subscriptions to verify eligibility.
Billing at Trial End
At the conclusion of your specified free trial period, you will be automatically charged the regular subscription fee for the subsequent billing cycle. To avoid this charge, you must cancel your subscription at least 24 hours prior to the expiration of the free trial period.
Cancellation & Refund Policy
- Cancellations: You can cancel your subscription at any time. Cancellations must be processed directly through your device's App Store account settings (Apple iTunes or Google Play) or your PayPal profile, depending on your original purchase method.
- Monthly Refund Policy: NO REFUNDS are provided for monthly subscription fees once processed. Upon cancellation, your premium benefits will continue until the end of your current monthly billing period, and no further recurring charges will be made.
- Annual Refund Policy: If you cancel an annual subscription, we will issue a pro-rata refund based on the remaining unused, whole calendar months left in your subscription term, provided that you are in full compliance with these Terms.
5. Data Retention & Inactivity
We implement balanced data policies to preserve storage resources while maintaining necessary records for users. Active cancellation of a subscription or account inactivity impacts how we retain your data.
90-Day Account Inactivity Data Deletion Policy
DATA DELETION WAITING PERIODS: In the event that you cancel your subscription or your account is classified as inactive for at least ninety (90) consecutive days, we reserve the right, but have no obligation, to permanently delete all horse profiles, journals, GPS records, and media content associated with your account from our servers. Lack of usage does not automatically cancel premium billing; you remain responsible for subscription fees until you cancel through the App Store.
Post-Cancellation Archives: We may delete any of your archived data beginning thirty (30) days following the date of account termination or premium cancellation. We strongly recommend maintaining independent backups of your ride journals and horse health logs.
6. Licenses & Content Rights
We respect the intellectual property of our users while maintaining the rights required to run a connected community platform.
A. Our License to You
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access, download, and make personal, non-commercial use of the Equestrian Platform and its official Content. You are strictly prohibited from copying, distributing, republishing, modifying, "framing," or exploiting any official app graphics, code, or content without our express written consent.
B. Your Content License to Us
When you post comments, photos, journals, GPS ride logs, and horse information on the Service ("Your Content"), you retain all ownership rights. However, to display and share Your Content within the community, you grant to Smart Barn Technologies a perpetual, royalty-free, worldwide, non-exclusive sublicensable license to use, reproduce, modify, display, distribute, translate, and create derivative works of Your Content for the operation, promotion, and improvement of the Service.
C. Social Profile Permissions
You grant us the permission to display your username, profile picture, likes, relationships (follows), and comments in connection with interactive feed updates to other users of the App, subject to your account privacy configuration.
7. Community Guidelines
Our platform is designed to connect horse lovers in a positive and cooperative environment. To maintain safety and inclusion, you must abide by our fundamental guidelines: "No Bullying" and the "Golden Rule" (Treat others as you would like to be treated).
Prohibited Activities
You are strictly prohibited from using the Service or posting content that:
- Is threatening, abusive, harassing, defamatory, obscene, or racially offensive.
- Depicts sexual content, graphic violence, or nudity.
- Infringes on the intellectual property, copyright, patent, or privacy rights of any third party.
- Includes unsolicited advertising, spam, chain letters, or commercial solicitations.
- Includes highly sensitive personal information, such as credit card numbers or private identification documents.
- Claims fake credentials, professional licenses, or equine medical expertise you do not possess.
- Involves tampering with the app servers, hacking, or attempting to extract personal user data.
Decisions to remove content or disable user profiles for violations of these guidelines are exercised at our sole discretion. We cooperate fully with law enforcement to disclose the identity of anyone posting material that violates criminal laws.
8. Third-Party Services & Links
The Equestrian Platform contains links, product recommendations, and integrations with third-party sites, equine retailers, and service providers ("Third-Party Services"). These links are provided solely as a convenience.
We do not own, control, monitor, evaluate, or endorse these third-party merchants or services. Any transaction, purchase, exchange, or agreement you make with a third-party merchant is made entirely at your own risk. Smart Barn Technologies is not responsible or liable for any disputes, damages, financial losses, or product quality issues arising in connection with your purchase or use of third-party goods.
9. Dispute Resolution & Arbitration
Please read this section carefully, as it represents a binding agreement to resolve disputes on an individual basis via arbitration.
Binding Arbitration Agreement & Class Action Waiver
ARBITRATION REQUIREMENT: To the fullest extent permitted by law, any dispute, claim, or controversy arising out of or relating to these Terms, the App, or the Service shall be resolved exclusively through **binding individual arbitration** in accordance with the **JAMS Streamlined Arbitration Rules and Procedures**.
CLASS ACTION WAIVER: **YOU AGREE TO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS-WIDE ARBITRATION, OR REPRESENTATIVE PROCEEDING.** All disputes must be arbitrated on an individual basis only. The Federal Arbitration Act ("FAA") governs this section.
Arbitration Details: The arbitration hearing will be conducted in the county corresponding to your billing address. For non-frivolous claims under $10,000, we will pay JAMS administrative fees and the arbitrator’s costs, and we agree not to seek reimbursement for our legal expenses incurred during the arbitration.
10. Warranties & Liability Limits
Disclaimer of Warranties
THE EQUESTRIAN PLATFORM AND ALL ASSOCIATED CONTENT, SERVICES, AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, SMART BARN TECHNOLOGIES AND EXTREME SOFTWARE INC. DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND SATISFACTION. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ACCURATE, SECURE, OR FREE FROM DATA LOSS OR SYSTEM ERRORS.
Limitation of Liability
YOUR USE OF THE PLATFORM IS ENTIRELY AT YOUR OWN RISK. IN NO EVENT SHALL SMART BARN TECHNOLOGIES, EXTREME SOFTWARE INC., OR THEIR RESPECTIVE OFFICERS, DIRECTORS, OR ASSOCIATES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING DATA LOSS, SERVICE INTERRUPTION, OR DEVICE FAILURES) ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICE. IF YOU ARE DISSATISFIED WITH THE PLATFORM, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF THE SERVICE.
11. General & Contact
Governing Law: These Terms and any disputes arising hereunder will be governed by and construed in accordance with the laws of the **State of Washington**, USA, without giving effect to conflict of laws principles.
Severability: If any provision of these Terms is determined by an arbitrator or court to be invalid or unenforceable, that specific provision will be severed, and the remainder of these Terms will continue in full force and effect.
Entire Agreement: These Terms and our associated Privacy Policy constitute the entire legal agreement between you and Smart Barn Technologies regarding your access and use of the Equestrian Platform.
Contact Information
If you have any comments, billing questions, or legal compliance concerns, please contact stable support at:
Smart Barn Technologies
704 228th Avenue NE., #813
Sammamish, WA 98074
Email: stablemanager@equestrianapp.com