Equine iQ © and Kaukalo Solutions Ltd. ©
The mobile application Equine iQ (“Equine iQ”) is a digital management tool for equestrians and horse owners to keep track of their horses, log activities and follow horse’s wellbeing and share data with related stakeholders. Equine iQ is provided by Kaukalo Solutions Ltd, a Finnish company with registration number 2867715-2 (“Kaukalo Solutions”, “we” or “us”). These terms and conditions (these “Terms”) apply to and govern your use of Equine iQ, including any services provided, through or in connection with Equine iQ. You can read more about us and Equine iQ on our websites www.kaukalo.fi and www.equineiq.io.
- Equine iQ is a digital management application for horse owners, riders, stable managers, grooms and other stakeholders to collect, log, store and share information and pictures related to a horse. Equine iQ is your digital tool in storing data on – and offline, provided that the App is used in accordance with instructions and guidelines provided .You may share your horse’s information to stakeholders you invite to your horse and stakeholders can provide information to your horse and see also other stakeholders and their input to the collectively shared horse. Equine iQ delivers set of metrics and/or trends related to your usage and information you or the stakeholders you have shared with have saved to the Equine iQ.
- Equine iQ is a horse management tool and is expected to be used in such manner. We are not liable for usage in any other shape or form.
- User account
- In order to use Equine iQ you need to have an Apple user account (with your Apple ID). You have to sign into your Apple user Account in order to use Equine iQ.
- Use of Equine iQ
- 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 Equine iQ Account you shall inform us as soon as possible. The user shall store confidential information in a reasonably secure manner. This includes e.g. user passwords or other such confidential data regarding app usage.
- 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 have zero tolerance on abusive or offensive material of any kind. We cooperate with the police and other authorities if you commit a criminal act.
- We do not claim any ownership of any Content you store into Equine iQ. However, by doing so you are granting us a worldwide, royalty free, sub-licensable, non-exclusive license to copy, distribute, transmit, reproduce, analyze, publicly display, edit, translate or publish such Content on the Equine iQ. This license shall be terminated when such Content is deleted from the Equine iQ by either party. With your permission, we may also use your Content in other types of media, including social media platforms, for promotional purposes.
- You may not use Equine iQ to publish or store any material that constitutes a crime or infringes upon any third-party intellectual property rights.
- You may not use technology that may harm Equine iQ, or use Equine iQ to spread such 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 Equine iQ.
- You agree to defend, indemnify, and hold Kaukalo Solutions harmless from all liabilities, claims and expenses that are caused or can be related to your use or misuse of Equine iQ, violation of these Terms, your gross negligence or infringement of any intellectual property or other right of any person or entity by you.
- By uploading images or video material to Equine iQ you accept full responsibility for the content of such material. Furthermore, you agree to having consent from the people displayed in images or video.
- Fees and payment
Equine iQ basic use is free of charge. Premium features on Equine iQ requires an active auto-renewable subscription. Available subscription options can be found from the AppStore.
In Equine iQ there might be from time to time offers to frequent users, and free months to users who have referred Equine iQ to new customers. Offers are part of marketing and are voluntary to follow and they have an opt-out option.
This fee disclosure is not final, and the fees can be changed in a situation where the provided service is updated.
- Representation and warranties
- Equine iQ 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.
- Kaukalo Solutions Ltd. does not warrant that Equine iQ 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. Kaukalo Solutions does not warrant the accuracy, timeliness, reliability, truthfulness, or completeness of any information obtained through Equine iQ by other users or content on linked sites in Equine iQ. No information, whether oral or written, will create any warranty or representation not expressly made herein. Kaukalo Solutions or Equine iQ shall not be liable for any direct or indirect injuries, financial losses or other such damages. Kaukalo Solutions Ltd. shall not be accountable for any fees that exceed what has already been paid by the users of the App.
- Your use of Equine iQ is at your own risk and account. By using Equine iQ, to the extent allowed by law, you waive all rights to claim damages as a result of your use of Equine iQ or Kaukalo Solutions’ failure to provide Equine iQ in a satisfying manner.
- The foregoing exclusion and disclaimers are an essential part of these Terms and form a basis enabling us to offer Equine iQ to you. The law of certain jurisdictions does 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 even have some additional rights.
- Changes, Updates etc.
- We reserve the right to, at any time, update, change, modify, suspend provision of or withdraw Equine iQ without incurring any liability whatsoever.
- We strive to keep Equine iQ available at all time 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 Equine iQ. This might affect to Equine iQ temporarily, but we will always try to restore your access as quickly as possible.
- All or part of Equine iQ, or features within Equine iQ may, at any time, be disturbed or affected by factors beyond our control. If you experience such disturbance, please contact us.
- If you experience any technical issues or problems with accessing Equine iQ or parts of Equine iQ, please contact us at email@example.com. We will do our best to address your concerns and reply to your questions as soon as we can.
- Intellectual property
- Any information, software, data or other materials developed or provided by us or our licensors used to provide Equine iQ, 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 Kaukalo Solutions or its licensors.
- When you download Equine iQ, you will free of charge receive a non-exclusive, non-transferable and revocable right to use Equine iQ in accordance with these Terms. Any use of Equine iQ other than as specifically authorized herein, without the prior written permission of us, is strictly prohibited and will automatically terminate the right granted herein.
- Unless explicitly allowed to do so by prior written permission by us, you agree not to sell, license, rent, sublicense, modify, distribute, copy, reproduce, transmit, publicly display or perform, publish, adapt, edit, disassemble, decompile or create derivative works of Equine iQ.
- Limitation of liability
- We strive to give you as precise information as possible through Equine iQ, but we do not give any guarantees regarding the metrics, statistics or other information presented in Equine iQ. You are fully responsible for your use of Equine iQ as well as any and all actions taken by you as a result of the information you receive in Equine iQ. You are aware of and accept that all metrics, statistics and other information presented in Equine iQ is dependent on the information provided by you, and should not be taken as professional advice regarding your horse.
- Kaukalo Solutions is not responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of Equine iQ.
- You agree that Kaukalo Solutions 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 Equine iQ; (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 Equine iQ; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of anyone in connection with the use of Equine iQ; or (v) any other matter relating to Equine iQ.
- We may, from time to time, send emails and push notifications to you. 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.
- In order not to miss any important information, make sure to keep your contact information updated at all times. All communications related to Equine iQ may be done electronically. Such messages may inform you about distributions, new versions, additional information on Equine iQ, support etc. We will always inform you by email, the Website or through Equine iQ of changes of these Terms.
- Changes and termination
- We may, from time to time, update these Terms. Changes shall become effective upon your acceptance of the updated Terms. We will try to notify you via service notification or email in a situation where this occurs.
- These Terms will apply until they are terminated. You may at any time terminate these Terms by deleting Equine iQ from your mobile device. However, the termination of these Terms shall not affect any remedy owed to Kaukalo Solutions at the time of termination.
- Kaukalo Solutions 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 Equine iQ and/or these Terms.
- Any right granted to you will immediately cease upon termination of these Terms.
- Notwithstanding anything in the above, Sections “Use of Equine iQ”,” Changes, updates etc.” and “Representation and warranties” of the Terms will survive termination.
- Governing law and dispute resolution
- These Terms shall be construed in accordance with and governed by the substantive law of Finland. Additionally, these Terms will be complying to the rules of the GDPR.
- If any disputes related to these terms cannot be resolved in negotiations between the parties, you may refer the matter to the Consumer Disputes Board by contacting the Consumer Advisory Services. If a dispute is to be solved by a court, the claim must be made in the Finnish District Court in the jurisdiction of which the service provider’s domicile is located.
- Personal Data
These terms and Conditions were reviewed and updated on January, 31st of 2021.