TERMS AND CONDITIONS

Terms of Use

Thanks for your interest in the BLACKDOG Equestrian App. Please read these terms and conditions in full before using the app. If you have any questions, get in contact with us at info@blackdogbiomech.com and we'll be happy to answer any queries you may have.

If you do not agree to these Terms of Use you may not use the BLACKDOG Equestrian App.

Our Privacy policy can be found here.

General

The mobile application BLACKDOG Equestrian is an integrated biomechanics and training resource for horses and riders. These terms of service apply to and govern your use of BLACKDOG Equestrian, including any services provided, through or in connection with BLACKDOG Equestrian.

 

The biomechanics system available through BLACKDOG Equestrian uses innovative technology to automatically extract vital information about your riding – provided that BLACKDOG Equestrian is used in accordance with all instructions given. You will be able to chart your performance through key metrics. Full details are available through the application.

 

By downloading or using BLACKDOG Equestrian, you confirm that you have read, understood and agree to be bound by these Terms and warrant that you have the legal capacity to accept these Terms. You also confirm that all personal data and information that you provide to us are correct and complete.

You will require internet access in order to process videos in the BLACKDOG Equestrian biomechanics system and for accessing new content. Once downloaded to your handset, you will have offline access to all biomechanics results and other content.

User Account

To use the Services, you must create a user account ("Account") and log in to the app. 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 will need a valid email address to create an Account. You have to sign in to your Account in order to use BLACKDOG Equestrian.

To register for an Account, you will be asked your full name, your email address and for a password. No other personal information will be collected.

Your user account is personal and you may not transfer your account to any third party. You are responsible for protecting your login information from unauthorized access, and you will not (intentionally or negligently) disclose your login information to any third party or otherwise allow any third party to use your user account or access to BLACKDOG Equestrian.

You will have the option to send results of your biomechanics assessments to third parties. This email will be sent from the account "blackdog.no.reply@gmail.com" to the email address that you enter in the dialog box and will contain your full name along with the results of your biomechanics assessments.

Aside from this facility to share via email, you will not be asked, required or be able to share any part of your profile directly from BLACKDOG Equestrian.

Your Account may only be used by you, and shall not be transferred to another person.

If you have reason to believe that any third party has gained access to your BLACKDOG Equestrian account, please notify us immediately (info@blackdogbiomech.com). We have the right, but not the obligation, to suspend access to your user account if we have reason to believe that any third party has been granted unauthorized access to your user account.

Please note that we have the right to close your user account if it has been inactive for a period of 365 consecutive days.


 

Use of BLACKDOG Equestrian

You may not use BLACKDOG Equestrian to publish any material that constitutes a crime or infringes upon any third-party intellectual property rights. 

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.

You can upload videos  ("User Material") in BLACKDOG Equestrian. You are responsible for all User Materials that you upload in BLACKDOG Equestrian.

You agree and warrant that you will not publish, transmit, distribute or upload any material on BLACKDOG Equestrian that:

(a) is incorrect, misleading or false;

(b) promote or encourage illegal activity;

(c) is racially or ethnically abusive and / or constitutes agitation against a minority (such as a national or ethnic group);

(d) constitutes defamation, contains pornography or is otherwise sexually abusive;

(e) constitutes an attack on sexual orientation or religion or is otherwise discriminatory; or

(f) is in any way harmful, infringing, offensive or illegal or infringing any third party's rights (including but not limited to copyright and trademarks).

You accept and warrant that you will not, and will not allow any third party to:

(a) use BLACKDOG Equestrian to transfer or upload files or other content containing viruses, Trojans, corrupted data, malicious software, and other programs that may damage computers and other property;

(b) use BLACKDOG Equestrian to defame, harass, discriminate or threaten another person or otherwise infringe another person's rights;

(c) distribute or reproduce all or part of BLACKDOG Equestrian,

(d) modify, disassemble or decompile any part of BLACKDOG Equestrian, unless expressly permitted by mandatory law;

(e) use software that reads data from BLACKDOG Equestrian automatically;

(f) use BLACKDOG Equestrian to request or encourage other users to violate any provision of these Terms of Use;

(g) abusing BLACKDOG Equestrian or using the App for any unauthorized or unauthorized purpose (which includes the promotion of computer viruses or the use of BLACKDOG Equestrian in a manner that infringes or infringes on the rights of others).

You agree to defend, indemnify, and hold BLACKDOG Equestrian harmless from all liabilities, claims and expenses that are caused or can be related to your use or misuse of BLACKDOG Equestrian, violation of these Terms, your gross negligence or infringement of any intellectual property or other right of any person or entity by you.
 

Subscription

You will need a subscription to access the biomechanics function, the schooling layouts and the content of the training plans contained within BLACKDOG Equestrian. Without a subscription, you will be able to access the "About" features of each section of BLACKDOG Equestrian.

There are two types of subscription: 1 month and 1 year.

If you choose to subscribe to BLACKDOG Equestrian, your purchase will be charged to your account on the AppStore or Google Play Store (platform dependent) when you confirm your purchase. The subscription will renew automatically 24 hours before it expires. You can manage it from Subscriptions on your account in AppStore or Google Play after purchase.

Please note that uninstalling the app or terminating your account does not automatically stop a subscription you have on BLACKDOG Equestrian. You must actively cancel your subscription.

Your subscription cannot be canceled before the period is over, that is, if you have purchased BLACKDOG Equestrian for a month and terminate your subscription, it will only end when the month is over. BLACKDOG Equestrian cannot unsubscribe for you, but must be done via AppStore or Google Play. Go to your account and Subscriptions and select End / Cancel. More info is available on AppStore or Google Play.

You can cancel your subscription at any time. Your subscription will continue to work until the subscription period ends.

We may from time to time offer special features or deals through BLACKDOG Equestrian, 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.
 

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.

BLACKDOG Equestrian 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.

Unless otherwise specified, payment shall be made in advance. We may limit or restrict your access to BLACKDOG Equestrian or parts of BLACKDOG Equestrian if payment is not made when due.

If you choose to cancel your subscription, you will have access to all biomechanics data generated up to that point. Access to all other content will be restricted.
 

Content

Any information, software, data or other materials developed or provided by us or our licensors used to provide BLACKDOG Equestrian, 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.

 

When you download BLACKDOG Equestrian, you will free of charge receive a non-exclusive, non-transferable and revocable license to use BLACKDOG Equestrian in accordance with these Terms. Any use of BLACKDOG Equestrian other than as specifically authorized herein, without the prior written permission of us, is strictly prohibited and will automatically terminate the license granted herein. You do not obtain any other license to use the above intellectual property rights except as expressly stated in these Terms of Use.

 

You may only use the content of BLACKDOG Equestrian for your own use and you may not use the content of BLACKDOG Equestrianin violation of applicable law or these Terms of Use. You may use such content solely for the purpose of using the Services. 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 BLACKDOG Equestrian.


 

User Content

When using BLACKDOG Equestrian, you have the option to upload User Material.

 

Ownership of all User Material belongs to you, or the third party that owns such User Material. You hereby grant us a worldwide, non-exclusive, royalty-free and transferable right to store, publish, distribute, stream, transmit, replay, encode, copy, present, display and otherwise use the User Material to provide and market the Website and Services.

You warrant that you have all necessary rights to display and upload the User Material, to use the User Material in all other ways and to grant us a license to the User Material as above.

In the event that any User Material infringes any third party's intellectual property, you agree to immediately remove all infringing parts of the User Material and indemnify us for all damages, costs and expenses we incur as a result of such infringement.

If we become aware of, or have reason to suspect, that User Material infringes any third party's intellectual property rights, we have the right, but not an obligation, to remove all such User Material from BLACKDOG Equestrian and may temporarily or permanently suspend access to your User Account.

Videos uploaded for analysis by the BLACKDOG Equestrian biomechanics system are securely processed and securely stored along with the data from the assessment on the Google Cloud platform. Access to this data is restricted to BLACKDOG biomechanics and is secured by 2-factor authentication. You can request the removal of all data from this platform at any time. Note that deletion of this data may delete this information from your application.

Representation and Warranties
BLACKDOG Equestrian 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.

We do our best to make sure that
BLACKDOG Equestrian meets your expectations. However, Equestrian Insights does not warrant that BLACKDOG Equestrian 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 BLACKDOG Equestrian and does not take responsibility for content published in or through BLACKDOG Equestrian by other users or content on linked sites in BLACKDOG Equestrian. No information, whether oral or written, will create any warranty or representation not expressly made herein.

Your use of
BLACKDOG Equestrian 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 BLACKDOG Equestrian or BLACKDOG biomechanics’ failure to provide BLACKDOG Equestrian in a satisfying manner.

The foregoing exclusions and disclaimers are an essential part of these Terms and form a basis enabling us to offer
BLACKDOG Equestrian 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.

Changes and Updates
We reserve the right to, at any time, update, change, modify, suspend provision of or withdraw BLACKDOG Equestrian without incurring any liability whatsoever. These Terms shall apply to any updates made to BLACKDOG Equestrian, such as additional features or modifications.

We strive to keep
BLACKDOG Equestrian 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 BLACKDOG Equestrian. This might affect your access to BLACKDOG Equestrian temporarily, but we will always try to restore your access as quickly as possible.

All or part of
BLACKDOG Equestrian, or features within BLACKDOG Equestrian may, at any time, be disturbed or affected by factors beyond our control. If you experience such disturbance, please contact us.

Support
If you experience any technical issues or problems with accessing BLACKDOG Equestrian or parts of BLACKDOG Equestrian, please contact us at info@blackdogbiomech.com. We will do our best to address your concerns and reply to your questions as soon as we can.

Limitation of Liability
We strive to give you as precise information as possible through BLACKDOG Equestrian, but we do not give any guarantees regarding the metrics, statistics or other information presented in BLACKDOG Equestrian. You are fully responsible for your use of BLACKDOG Equestrian as well as any and all actions taken by you as a result of the information you receive in BLACKDOG Equestrian. You are aware of and accept that all metrics, statistics and other information presented in BLACKDOG Equestrian is dependent on the information provided by you, and should not be taken as professional advise regarding your horse.


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 BLACKDOG Equestrian.

Before starting any new exercise or training regime, we advise you to consult a physician, doctor, physiotherapist or other expert.


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 BLACKDOG Equestrian; (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 BLACKDOG Equestrianb; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of anyone in connection with the use of BLACKDOG Equestrian; or (v) any other matter relating to BLACKDOG Equestrian.

Except for when we have acted with gross negligence,
BLACKDOG Equestrian shall always be discharged from liability for breach against these Terms resulting from circumstances out of our control.

You are liable to us for any damage sustained by us, or any third party, for your violation of these Terms of Use, including but not limited to, abuse of BLACKDOG Equestrian. Furthermore, you agree to indemnify us in relation to all claims, costs (including reasonable legal costs), damages, expenses and losses that we have incurred in any way in relation to your violations of these Terms of Use.

To the extent permitted by mandatory legislation, we will not be liable to you or any third party for any direct, indirect or other damages of any kind, including, but not limited to, loss of profits, loss of revenue, reduced turnover, discontinuance of operations or loss of goodwill that arises due to or in connection with these Terms of Use or the inability to use BLACKDOG Equestrian. We are not responsible to you for any third party claims directed against you.

Changing the Terms and Termination of Services

We have the right to change these Terms of Use. We will notify you of such changes no later than thirty (30) days before any change takes effect. We will provide you with such information under the gearwheel of the app or via email to the email address provided by you.

You have the right to cancel your user account from BLACKDOG Equestrian at any time and without prior notice. We have the right to suspend your access to BLACKDOG Equestrian with immediate effect if we have reason to believe that you violate these Terms of Use.

Furthermore, we reserve the right, at our sole discretion, to modify, cancel or temporarily or permanently discontinue our provision of BLACKDOG Equestrian without prior notice thereof, or as required by law or governmental decision. You agree that we will not be liable to you or any third party for such modification, interruption or termination.

Governing Law

This user agreement is governed by the laws of the United Kingdom excluding its conflicts of law rules.