Terms of Service

This document contains the Terms of Service for the Barncat application, which is owned and operated by Equus Manege, LLC. Please read this document carefully, as it contains important information relating to your use of the Barncat app. These Terms of Service form a contract between Equus Manege, LLC and you.

Last updated on October 11th, 2023. These Terms of Service are effective immediately.

Parties

“You” and “your” refers to you, as a user of the Service (as defined below). A “user” is someone who accesses or in any way uses the Service. Barncat, “we,” “us,” and “our” refers to the Barncat app, Equus Manege, LLC, and its subsidiaries and affiliates.

Acceptance of Terms

We welcome you to our online service (the "Service"). By using our website, mobile application, and Service, you are agreeing to the following Terms of Service ("Terms") whether or not you are a registered customer of Barncat. Barncat may update the Terms from time to time without notice to you. However, you can always find the latest Terms at www.barncat.app/terms. In addition, when using any Barncat-owned or operated services, you will be subject to any posted policies, guidelines or rules applicable to such services. All such policies, guidelines and rules are incorporated by reference into the Terms. You further agree, except as otherwise expressly provided in these Terms, there will be no third-party beneficiaries to this agreement. IF YOU DO NOT AGREE TO THE CURRENT TERMS AND CONDITIONS, PLEASE DO NOT USE THIS SERVICE, SINCE YOUR USE OF IT CONSTITUTES ACCEPTANCE OF ALL OF THE CURRENT TERMS AND CONDITIONS FOR ITS USE.

Description of Service

Barncat makes available a collection of resources to its registered and non-registered users for tracking and managing your horse’s health data. Registered users can create content, select favorites, edit, rate, comment and read other people's content. Non-registered users can browse topics, profiles and content of interest. Any new features, services and enhancements to Barncat are subject to the Terms. THE SERVICE IS PROVIDED "AS IS" AND BARNCAT HAS NO RESPONSIBILITY FOR TIMELINESS, MIS-DELIVERY, OR FAILURE TO STORE ANY COMMUNICATION, WRITING, IMAGE OR PERSONALIZATION SETTINGS.

All users must comply with the Terms. If you fail to follow any of the guidelines and/or rules of behavior, Barncat can discontinue your ability to use the site. In addition, we have the right to delete content, comment as well as any topic or profile we find objectionable.

You are totally responsible for any activity that takes place under your name and password. If you become aware of any unauthorized use of your username and/or password, it is your responsibility to notify Barncat immediately. It is up to you to maintain the confidentiality of your password and username.

You understand that you may receive business-related communications from Barncat, such as service announcements and administrative notices about your account. You agree that these communications are not "unsolicited commercial email advertisements" and therefore you agree to receive them. You will not be able to opt out of receiving such communications.

As a user of the Service, you understand and agree that the Service may include advertisements. You agree that such advertisements are not "unsolicited commercial email advertisements" and therefore you agree to receive them and will not be able to opt out of receiving such communications. You understand and agree that your correspondence or business dealings with, or participations in promotions of, advertisers found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and the advertiser. You agree that Barncat will not be responsible or liable for any loss or damage incurred as the result of such dealings or as the result of the presence of such advertisers on the Service.

You understand that you are responsible for obtaining access to the Service and that access may involve third party fees. You are totally responsible for obtaining such access and paying those fees.

Unless explicitly stated otherwise, any new features that augment or enhance the Service, including the release of new Barncat properties, will be subject to the then current Terms.

You must be at least 13 years old to access and use the Service. If you are 13 years old or younger, please do not use this Service for any purpose. For residents of the European Union, you must be at least 16 years old to access and use the Service. If you are a resident of the European Union and under the age of 16, please do not use this Service for any purpose.

General Rules of Behavior

You are solely responsible for your own communications and content including any data, images, graphics, text, audio, video, email, links, and screen names you post to the site. You agree to use the Service to post and receive communications and content that are legal and proper.
You must not abuse, defame, harass, stalk, threaten, intimidate, or otherwise violate the legal rights of others.
You must not violate the privacy rights of others.
You must not upload, post, or link to any material that is inappropriate, defamatory, infringing, obscene, vulgar, libelous, racially or ethnically, hateful, objectionable, or unlawful.
You must not upload, post, or link to any material that promotes or provides instructional information about illegal activities or communications that could cause harm or injury to any individual or group.
You must not post, upload or link to (a) anything that promotes or distributes pyramid schemes or chain letters or (b) other disruptive communications.
You must not upload or post anything that infringes any patent, trademark, copyright, trade secret or other intellectual property or other legal right of a third party, without prior written permission from the third party. You agree to disclose such authorization to us on our request. You must not download any material that you know or reasonably should know cannot be distributed legally.
You must not impersonate another person or entity, which includes not using anyone else's username or password.

You must not “deep-link,” by publishing a link to a Barncat page other than the Barncat home page.
You must not “frame” or “mirror” the Barncat app, by simulating the appearance or function of the Barncat app on another website or app.
You must not use the Service for any illegal or unauthorized purpose, such as spamming.
You must abide by all Federal, State and local laws. If you are outside the United States you must comply with all local laws with respect to your online conduct and acceptable content as well as the export of data to the United States or to your country of residence.
You cannot modify or delete any content and communications of the Barncat site and/or of other individuals.
You must not transmit any viruses, worms, defects, or any items and/or code of a harmful or destructive nature.
You must not transmit or allow access or distribution of any spiders, robots or other information gathering computer programs or routines, or their equivalents, on or in the Service.
You must not interfere or disrupt the Service or servers or networks connected with the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service.
You cannot create member accounts under any false or fraudulent pretenses (including by automated means).
You must not state or imply that any of your submitted and or posted content is endorsed by Barncat.
You must not retrieve, store or collect personal information about other users for any unauthorized purpose.
You must not engage in any ad "slamming".
You cannot use the Barncat name or trademark, which you acknowledge here to be valid, subsisting, and enforceable without impediment.
You will not expressly or by implication create the false or misleading impression that Barncat is associated with, or endorses, or is in any way connected with you, your business, or your content.

WHILE BARNCAT EXPLICITLY PROHIBITS THE ABOVE CONDUCT, YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE EXPOSED TO SUCH CONDUCT AND CONTENT AND THAT YOU USE THE SERVICE ENTIRELY AT YOUR OWN RISK, AND THAT BARNCAT WILL HAVE NO LIABILITY OF ANY KIND FOR SUCH CONDUCT.

YOU UNDERSTAND AND AGREE THAT IF YOU VIOLATE ANY OF THE RULES OF BEHAVIOR, BARNCAT CAN TERMINATE YOUR USE OF THE SERVICE IMMEDIATELY WITHOUT PRIOR NOTICE AND WITHOUT ANY RIGHT OF REFUND, SET-OFF, OR A HEARING.

Registration

In order to use certain aspects of the Service you are required to register and purchase a month-to-month subscription. Registered users are subject to the following specific terms in addition to all of the other provisions in these Terms:

In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction.
You also agree to provide true, accurate, current and complete information as required on the Service's account registration form. If you provide any information that is untrue or incomplete, Barncat has the right to suspend or terminate your account and refuse your current or future use of the Service (or any portion thereof.)
You agree that Barncat may, under certain circumstances and without prior notice, immediately terminate your Barncat account, any associated username and/or access to the Service. Cause for such termination will include, but not be limited to: (i) breaches or violations of the Terms or other policies, guidelines or rules, (ii) your engagement in fraudulent or illegal activity, (iii) unexpected technical or security issues, and (iv) requests by law enforcement or other government agencies. You also agree that any termination is in Barncat's sole discretion and that Barncat will not be liable to you or any third party for any termination of your account, password, username, deletion of Content or access to the Service.
You agree that your account is non-transferable and any rights to your account, password, or username terminate upon your death.
You are responsible for any activities that take place under your username and password. If you become aware of any unauthorized use of your password or account, or any other breach of security, please contact Barncat immediately. It is up to you to maintain the confidentiality of your password and account. Barncat is not responsible or liable for any loss or damage arising from your failure to comply with the provisions of these Terms.

Payments and Refund Policy

Barncat offers additional features to registered users. You can purchase a month-to-month subscription through the app, by making an “in-app purchase.” Subscription payments are handled through a third party, and Barncat does not have access to your credit card information at any time.

Your subscription will renew automatically. You can cancel your subscription at any time, but Barncat does not offer refunds. For example, if you subscribe on October 5, and then cancel on October 20, you will be able to access the subscriber features until November 4. For more information on how to cancel your subscription, please visit https://support.apple.com/en-us/HT202039 if you purchased a subscription from Apple’s App Store.

Content

As a registered user, you may be able to upload and post a great variety of content, including but not limited to text, audio, video, photographs, graphics and other materials ("Content"). This means that you have sole responsibility for all Content that you upload post, email, transmit or otherwise make available through the Service. You are responsible for being in compliance with the Rules of Behavior relating to such Content.

Barncat will have no liability of any kind with respect to any Content posted by you or other users of the Service. You agree that you must assess and bear all risks associated with the use of any Content. In this regard, you may not rely on any Content created by other Barncat users or otherwise created, distributed and displayed on any part of the Service. Barncat does not control or monitor the Content posted via the Service, and does not guarantee the accuracy, integrity or quality of such Content.

The Content created by you must be owned by you or you must have been granted prior permission to use it. Barncat does not own any of the Content you post. By placing Content on the Service you are providing Barncat with a worldwide, royalty-free, unlimited, non-exclusive license to publicly display, modify, reproduce and distribute your Content on the site for editorial and promotional purposes of the site, and to use such Content for research purposes. Barncat reserves the right to syndicate or promote this Content in connection with the promotion of the Service and other services offered by Barncat.

You agree that by posting Content you own on the Service, all other users can reproduce and use such Content in connection with the Service. Barncat will have no responsibility for enforcing any rights you claim in any Content, which will be your responsibility entirely. You agree to indemnify Barncat with respect to any claim you have that other users are reproducing or using your Content as well as for claims by other users that you are reproducing or using their Content without permission. Barncat will not arbitrate, mediate or resolve any intellectual property or other disputes between users, and has no responsibility for doing so.

You acknowledge that Barncat may or may not pre-screen Content. However, Barncat will have the right, but not the obligation, in its sole discretion to pre-screen, refuse, move, or delete any Content that violates the Terms or is otherwise objectionable.

Barncat may preserve and store your account information and Content if it believes in good faith that such preservation is necessary to comply with legal processes, respond to claims that the Content violates the rights of third parties, or to protect the rights, property or personal safety of Barncat, its users and/or the public.

Barncat respects the intellectual property of others and we request our users do the same. In certain circumstances and at its discretion, Barncat may, but is not obligated to disable, suspend and terminate the accounts of users who may be infringing on the rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please contact Barncat’s Designated Agent at support@barncat.app with the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
A description of where the material you claim is infringing is located on the app or website;
Your name, address, telephone number, email address;
A statement claiming that you have a good faith belief that the disputed use has not been authorized; and
A statement by you made under penalty of perjury, that the above information is accurate and that you are the copyright or intellectual property holder or are authorized to act on behalf of the holder.

Upon receipt of a proper notice of copyright infringement by our Designated Agent, we reserve the right to:

Remove or disable access to the infringing material;
Notify the content provider that we have removed or disabled access to the material; and
Terminate such content provider’s access to the app or website if he or she is a repeat offender.

If the content provider believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or, pursuant to the law, the content provider has the right to send a counter-notice containing the following information to the Designated Agent listed below:

A physical or electronic signature of the content provider;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
A statement that the content provider has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
Content provider’s name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s address is located, or, if the content provider’s address is located outside the United States, for any judicial district in which Barncat is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Designated Agent, Barncat may send a copy of the counter-notice to the original complaining party informing that person that Barncat may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider accused of committing infringement, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Barncat’s discretion.

Links

The Service may provide, or third parties including Barncat users, may provide links to other websites or resources. Barncat has no control over these sites and content and therefore Barncat is not responsible for the availability of such links, resources and content. Barncat does not endorse and is not responsible or liable for any content, advertising, products, or other materials made available on or from these linked websites. You also acknowledge and agree that Barncat is not responsible or liable, directly or indirectly, for any damage or loss caused by or alleged to have been caused by or in relation to the use of content, goods or services offered through these links, or any failures and/or disruption to your computer system that results from your use of any such links, or for any intellectual property or other third party claims relating to your posting or using such links. YOU AGREE THAT IF BARNCAT REQUESTS YOU TO DISABLE ANY LINK YOU HAVE POSTED AND YOU FAIL TO DO SO WITHIN 24 HOURS AFTER RECEIVING THE REQUEST, BARNCAT HAS THE RIGHT TO DISABLE THE LINK WITHOUT NOTICE TO YOU.

Indemnity

You agree to indemnify Barncat, its subsidies, affiliates, officers, agents, and other partners and employees, against any and all loss, liability, claim, or demand, including actual attorney's fees and costs, arising out of your use of the Service in violation of the Terms and/or your violation of any rights of another.

No Resale of Service

You agree not to, without the express prior written consent of Barncat, reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Service or Content you do not own.

Modification and Termination of the Service

Barncat reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Barncat will not be liable to you or any third party for any modification, suspension or discontinuance of the Service.

Personal and certain other information is subject to our Privacy Policy. As a condition of using the Service you agree to the terms of the Privacy Policy, as it may be changed from time to time. Our Privacy Policy, which is incorporated here by reference, is located at www.barncat.app/privacy

Practices regarding Use and Storage

You acknowledge that Barncat may establish general practices and limits regarding use of the Service, including without limitation the maximum number of email messages which may be sent or received from an account of the Service, the maximum size of any email message that may be sent from or received by an account of the Service, the maximum amount of disk space that will be allotted on Barncat's servers on your behalf, and the maximum number of times and duration for which you may access the Service in a given period of time. You agree that Barncat has no responsibility or liability for the deletion or failure to store or transmit any messages or communications or other Content maintained or transmitted by the Service. You acknowledge and agree that Barncat reserves the right to log off accounts and deactivate usernames and accounts that are inactive for an extended period of time. You further acknowledge that Barncat has the right to modify these practices and limits from time to time.

Proprietary Rights

You acknowledge and agree that the Service and any necessary software ("Software") used in connection with the Service contain proprietary and confidential information that is the property of Barncat and its licensors, and is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in advertisements or information presented to you through the Service or advertisers may be protected by copyright, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Barncat or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or Software, in whole or in part. You also acknowledge Barncat's exclusive rights in the Barncat trademarks and service marks.

Disclaimer of Warranties

The use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis. BARNCAT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

BARNCAT MAKES NO WARRANTY THAT (1) THE SERVICE WILL MEET YOUR REQUIREMENTS, (2) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (3) THE RESULTS OF USING THE SERVICE WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH YOUR USE OF THE SERVICE WILL MEET YOUR EXPECTATIONS, OR (5) THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

No advice or information, whether oral or written, obtained by you from Barncat or through or from the Service will create a warranty not expressly stated in the Terms.

Limitation of Liability

You expressly understand and agree that Barncat will not be liable to you 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 Barncat has been advised of the possibility of such damages), resulting from (a) the use or the inability to use the Service, (b) unauthorized access to or alteration or alteration of your transmissions or data, (c) statements or conduct of any third party including advertisers on the Service, (d) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service, or (e) any other matter relating to the Service. In no event will Barncat be liable for any amount of money over $100.00, which you acknowledge to be a fair and reasonable sum.

GDPR Compliance

The provisions in this section apply to users who are individuals residing in a European Union country (“EU Residents”). The General Data Protection Regulation, or GDPR, is a European Union regulation that governs the relationship between Barncat and EU Residents. Under the GDPR, Barncat is considered to be a “data controller.” This means that Barncat determines how and why personal data is processed.

In the course of providing the Service, Barncat may collect certain identifying personal data about EU Residents, including name, identification number, location data, online identifier, photographs, videos, etc. In these Terms, any such personal data that can be used to identify a specific person will be called “Personal Data.” As an EU Resident, you have the following rights, which we call Data Rights:

You have the right to obtain confirmation from Barncat as to whether we are processing Personal Data concerning you.
You have the right to information about the processing of your Personal Data, such as the purposes, the categories of Personal Data, recipients, etc.
You have the right to obtain a copy, in electronic format, of any Personal Data concerning you that we hold.
You have the right to be forgotten. This means that you have to right to have Barncat erase your Personal Data. You also have the right to have Barncat stop any further dissemination of your Personal Data. If Personal Data was collected when you were a minor, we are obligated to delete it upon your request. However, Barncat has the right to maintain your Personal Data in the following cases:
1. If the Personal Data we hold is needed to exercise the right of freedom of expression;
2. If we have a legal obligation to keep your Personal Data;
3. If we need to maintain your Personal Data for reasons of public interest, such as public health, scientific, statistical, or historical research purposes; or
4. If your Personal Data has undergone an appropriate process of anonymization.
You have the right to object to the processing of your Personal Data for specific reasons. In such a case, Barncat will stop processing your Personal Data unless we need to process the Personal Data for reasons that override your rights and freedoms, or if we need the data for the establishment, exercise, or defense of legal claims.
You have the right to object at any time to the processing of your Personal Data for direct marketing purposes.

To exercise any of your Data Rights, please contact Barncat at [email]. Please note that there is no charge for exercising any of your Data Rights. However, if we determine that requests are unfounded or excessive, in particular because of their repetitive nature, we have the right to charge a reasonable fee or refuse to act.

17. Disputes

If there is any dispute about or involving the website and/or the Service, you agree that any dispute will be governed by the laws of the State of Ohio without regard to conflict of law provisions. YOU FURTHER AGREE THAT BINDING ARBITRATION, TO BE CONDUCTED IN OHIO, WILL BE THE SOLE AND EXCLUSIVE VENUE FOR ANY CLAIMS OR DISPUTES RELATED TO THE SERVICE AND THE WEBSITE. YOU EXPRESSLY WAIVE THE RIGHT TO MAINTAIN OR PARTICIPATE IN ANY CLASS ACTION LAWSUIT REGARDING THE SERVICE AND THE WEBSITE. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICE OR THE TERMS MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

18. General Information

These Terms constitute the entire agreement between you and Barncat and govern your use of the Service. You may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use or purchase certain elements of the Service, affiliate or advertiser services, third-party content or third-party software.

The failure of Barncat to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

The section titles in the Terms are for convenience only and have no legal or contractual effect.

Nothing contained in the Terms will be construed to constitute either party as a partner, employee or agent of the other party, nor will either party hold itself out as such. Each party has no right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each will remain independent contractors responsible for its own actions.

Please report any violations of the Terms to support@barncat.app.