Terms & Conditions
Last updated: September 11, 2022
2.0 Accepting the Terms
By using the information, tools, software, features and functionality including content, reports, updates and new releases located on www.equinesimplified.com or other Equine Simplified mobile applications (together the “Service”), you agree to be bound by this Agreement as a registered “Client”. The term “you” or “User” refers to a Client, whether as a paid subscriber, trial client, or former client. The term “we”, “us”, “our” refers to Equine Simplified. If you wish to become a Client, share your information with other Clients and make use of the Service, you must read and accept the terms of this Agreement during registration.
If you accept this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity that you have the authority to bind such entity. Before you continue, you should print or save a local copy of this Agreement for your records.
3.0 Pricing and 15 Day Free Trial
Equine Simplified grants you the option for a fifteen (15) day free trial. You will be bound by this Agreement during the 15 day free trial. After this period, to continue to use the Service, you will be required to pay a “Subscription Fee”. This Subscription Fee will be based on level of service selected during the registration process. Payment will be made in full to Equine Simplified and before the start of the Subscription Period.The Subscription Fee will be $0 for the EQS Free account, but other fees may apply.
During the registration process, you will select a package “Service Subscription Package” that provides you a certain level of access. Should you want to upgrade your package at any time, payment is due immediately at the time of the upgrade. Users who wish to downgrade their subscription service may only do so at the time the current Subscription Period expires.
If Equine Simplified makes any changes to the pricing of the Service Subscription Package, the new price will automatically go in effect at the beginning of next renewal period.
If you do not cancel your subscription during the 15 Day Free Trial Period, your credit card will atomically be charged and your subscription will renew automatically until you cancel it. If you do not elect to cancel your subscription, your service will be terminated as per Section 16.0.
Users will be charged when they exceed plan storage limits based on the schedule in the table below. Charges are monthly if at any time during the previous month, the storage limit amount has been exceeded.
|Total Storage Used||Monthly Fee|
|0.5 GB – 1 GB||$1.99|
|1 GB – 50 GB||$5.99|
|50 GB – 100 GB||$12.99|
|>100 GB||$0.15 per GB|
4.0 Privacy and your Personal Information
5.0 Description of the Service
The Service is an information management service for horses (and related pets and livestock) that allows Clients to consolidate and track their horses’ care and exercise, manage stable activities, translate horse care at the barn and at horse shows into invoices, and manage appointments and tasks. This Service will also share best practices to battle common challenges horse owners and barn managers face. The Service is provided to you by Equine Simplified and is meant as an aid to assist you in organizing and managing your information. It is not intended to suggest any specific care for horses, provide medical advice, or suggest any third party care givers. EQUINE SIMPLIFIED IS NOT LIABLE FOR DAMAGES, IF ANY, CAUSED OR ARISING OUT OF ADVICE PROVIDED ON OPEN FORUMS OF EQUINE SIMPLIFIED AND BY REVIEW OF ANY SUCH MATERIALS, YOU WAIVE THE RIGHT TO MAKE ANY CLAIM AGAINST EQUINE SIMPLIFIED RELATED TO ANY SUCH USE. EQUINE SIMPLIFIED reserves the right to remove or redact statements in partial form or in their entirety if they use profanity or for defamatory content as defined by law.
6.0 Your Registration Information
You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your LoginID email address, allows you to access the Service. That Login ID and password, together with any other contact information you provide form your “Registration Information.”
Equine Simplified does not guarantee your registration information protection against unknown threats or hacking, but uses best available and reasonable technologies.
By providing us with your email address and mobile phone number, you agree to receive all required notices electronically, to either that email address or mobile phone number. It is your responsibility to update or change email addresses and phone numbers, as appropriate. Notices will be provided either in HTML in the text of the e-mail, through a link to the appropriate page on our site, or via SMS text. If you become aware of any unauthorized use of your Registration Information, you agree to notify Equine Simplified immediately at [email protected].
For communication to third party recipients of the Service, by providing us with a third-party email address or mobile phone number, you agree to have communicated to that third party the intent to share their information to receive information from the Service and you agree to have their consent to share their email or mobile phone number. It is your responsibility to update or change email addresses and phone numbers, as appropriate. Notices will be provided either in HTML in the text of the e-mail, through a link to the appropriate page on our site, or via SMS text.
7.0 Your Use of the Service
Your right to access and use Equine Simplified and the Service is personal to you and is not transferable by you to any other person or entity unless allowable per the Service Subscription Package you select. You are only entitled to access and use Equine Simplified for lawful purposes.
In order for the Service to function effectively, you must keep your information and Registration Information up to date and accurate. Your access and use of Equine Simplified may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of Equine Simplified or other actions that Equine Simplified at our sole discretion, may elect to take, and Equine Simplified is not responsible for any outcomes as expanded in the Section 14.0.
By registering for Equine Simplified services, you acknowledge that you are an adult over the age of 18. Parents or other supervising adults that allow minors (anyone under the age of 18) to access Equine Simplified through their Equine Simplified account, must supervise all minor activities within their Equine Simplified account. Equine Simplified shall not be liable for any access by minors to your Equine Simplified account.
8.0 Use With Your Mobile Device
Use of these Service may be available through a compatible mobile device, Internet and/or network access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider. Equine Simplified makes no warranties or representations of any kind, express, statutory or implied as to: (i) the availability of telecommunication services from your provider and access to the services at any time or from any location; (ii) any loss, damage, or other security intrusion of the telecommunication services; (iii) any disclosure of information to third parties or failure to transmit any data, communications or settings connected with the services; and (iv) data availability while in offline mode.
9.0 Online and Mobile Alerts
Equine Simplified may from time to time provide automatic alerts and voluntary account-related alerts. Automatic alerts may be sent to you following certain changes made online to your Equine Simplified account. Voluntary account alerts may be turned on by default as part of the Service. They may then be customized, deactivated or reactivated by you.
Electronic alerts will be sent to either your email address or your phone via text. If you have staff members, you can elect to have these alerts be sent to your staff. Further, some alerts can be sent to third parties that you establish in your set up. If any of your account related email addresses or mobile phone numbers change, you are responsible for informing us of that change. Because alerts are not encrypted, we will never include your passcode. However, some alerts may include your Equine Simplified Login ID and some general information about your account.
You understand and agree that Equine Simplified shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert. We do not guarantee the delivery nor the accuracy of the content of any alert.
10.0 Rights You Grant to Equine Simplified
By submitting log-in information, materials, and other information content to Equine Simplified through the Service, you are licensing that content to Equine Simplified and we may use and store the content solely for the purpose of providing the Service. By submitting this content to Equine Simplified, you represent that you are entitled to submit it to Equine Simplified for use for this purpose, without any obligation by Equine Simplified to pay any fees or other limitations.
Either Equine Simplified or your identified third-party staff member will have the authority to enter information you request onto your profile and storage database. You hereby authorize and permit Equine Simplified to use and store information submitted by you to the Service (such as account passwords and usernames) to accomplish the foregoing and to configure the Service.
11.0 Intellectual Property Rights
The contents of Equine Simplified belong or are licensed to Equine Simplified or its software or content suppliers. Equine Simplified grants you the right to view and use www.EquineSimplified.com and related mobile application Services subject to these terms. The contents of www.EquineSimplified.com and Equine Simplified mobile applications, including but not limited to, its dashboard “look and feel” (e.g., text, graphics, images, logos and button icons), reports, document storage, third party communication, photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under both United States laws and other copyright, trademark, and otherwise applicable laws.
You agree that Equine Simplified may use your feedback, suggestions, or ideas in any way, including in future modifications of the Service, other products or services, advertising or marketing materials. You grant Equine Simplified a perpetual, worldwide, fully transferable, sublicensable, irrevocable, fully paid-up, royalty-free license to use the feedback you provide to Equine Simplified in any way. Equine Simplified will not sell, publish or share your feedback in a way that could identify you without your explicit permission.
12.0 Access and Interference
You agree that you will not post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of www.EquineSimplified.com or the Service; or attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of www.EquineSimplified.com or the Service. Equine Simplified reserves the right to remove any content that we feel is may contaminate or be destructive to the site.
13.0 Social Media Sites
14.0 Responsibility and Liability
14.1 Disclaimer of Representations and Warranties
14.1 Disclaimer of Representations and Warranties
The content and all services on www.equinesimplified.com or provided through the service are provided to you on an “as-is” basis. EQUINE SIMPLIFIED MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF THE CONTENT ON WWW.EQUINESIMPLIFIED.COM, OR THE OPERATION OF WWW.EQUINESIMPLIFIED.COM OR THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
EQUINE SIMPLIFIED EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. EQUINE SIMPLIFIED MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
14.2 Liability Limitation and Indemnification, Waiver of Right to Pursue Collective or Class Action
EQUINE SIMPLIFIED SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM WWW.EQUINESIMPLIFIED.COM, YOUR USE OF THE SERVICE OR THIS AGREEMENT, EVEN IF EQUINE SIMPLIFIED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. This limitation shall apply whether the cause of action relates to this Agreement or arises out of the Services, and shall apply regardless of the legal theory (tort, contract or otherwise) upon which the action is based.
You hereby expressly and irrevocably release and forever discharge Equine Simplified, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Site and the Services.
You hereby agree to indemnify and hold harmless Equine Simplified and the above listed affiliates from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of (i) a breach of these Terms, (ii) Content posted on the Site, (iii) the use of the Services, by you or any person using your account or www.EquineSimplified.com Username and password, (iv) any violation of any rights of a third party.
By accepting the benefits of use of Equine Simplified, you agree to waive any rights you may have for any action, whatsoever, to pursue such action as a member of any class or collective action. You waive the right to participate in any settlement resulting from any such action.
15.0 Force Majeure
Equine Simplified shall NOT be liable for any failures or delays in performance caused by fires or other natural disasters, strikes, lockouts or other labor disputes, declared or undeclared war, civil disturbances, compliance with the laws or orders of any governmental authority having or claiming jurisdiction over the parties or the subject of this agreement, delays in delivery by transportation companies, failure of normal sources of supply, or any other circumstance beyond the reasonable control of such party.
16.0 Termination of This Agreement
This Agreement will continue to apply until terminated by either you or Equine Simplified as set out below. If you want to terminate your legal agreement with Equine Simplified, you may do so by closing your account for the Service. Your continued use of the Service indicates your continued acceptance of these terms and conditions.
Equine Simplified may at any time, terminate its legal agreement with you, without cause or notice. Upon terminating, Equine Simplified will not be responsible for any data loss related to purging your history from the database. Further, Equine Simplified will not provide any refund for unused Services during the remainder Subscription Period. All provisions of this Agreement, which by their nature, should survive termination shall survive termination, including without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Equine Simplified may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the www.EquineSimplified.com site. In addition, the Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Service after those changes are posted.
THIS AGREEMENT SHALL BECOME EFFECTIVE AT THE TIME YOU ENTER YOUR REGISTRATION INFORMATION. THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS, U.S.A., WITHOUT REGARD FOR ITS RULES GOVERNING CONFLICT OF LAWS. ANY CLAIM ARISING OUT OF OR RELATED TO YOUR USE OF EQUINE SIMPLIFIED OR THESE TERMS & CONDITIONS SHALL BE EXCLUSIVELY BROUGHT IN THE COURTS LOCATED IN HOUSTON, HARRIS COUNTY, TEXAS
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
You agree that if Equine Simplified does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which Equine Simplified has the benefit of under any applicable law), this will not be taken to be a formal waiver of Equine Simplified’s rights and that those rights or remedies will still be available to Equine Simplified.
All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.
No change in this agreement shall be binding upon either party unless approved in writing by authorized representatives of both parties.
This agreement embodies the entire understanding between you and Equine Simplified relating to the subject of this agreement and there are no related prior representations or agreements.