Horcery Subscription Terms

Last Updated 14 October 2024
By purchasing or using a subscription to Horcery’s services, including any add-ons (see below), you agree to these Subscription Terms, which supplement and form a part of Horcery’s Terms of Service. Capitalized terms not defined here have the meaning given to them in the Terms of Service.

Account Registration

To subscribe to Horcery’s services, you must create an account on Horcery’s designated site and complete the purchase of a subscription. When registering, you agree to provide accurate and complete information, including your name, address, and payment details such as credit or debit card information. You are responsible for keeping your account information up-to-date and must promptly update any changes through your account management page.
Horcery’s use of your personal information is governed by our Privacy Policy, which explains how we collect, use, and protect your data. By purchasing a subscription, you also agree to the terms set forth in our Privacy Policy, including those related to data sharing and transfer.

Horcery Subscription and Add Ons

A Horcery Subscription is required to access certain features of our stall monitoring devices and related services. You may also choose to purchase additional add-ons, which provide expanded functionality. Below are the primary features and limitations of the Horcery Subscription plan and related add-on purchases:
  • Horcery Subscription: Subscribers receive access to hardware product monitoring capabilities, including real-time AI-generated insights, data collection, and alerting features. This subscription enables users to view and interact with data generated by the stall monitor and AI models through the Horcery app. 
  • Cloud Storage Add-On: This add-on provides additional cloud storage, allowing users to extend the duration and scope of their recordings. Subscribers can store and access extended recordings, ensuring a broader historical view of monitored data.
  • App Expansion Add-Ons: These add-ons enhance the app’s recording and data processing capabilities, allowing for expanded data collection, analysis, and reporting features. Options include increased recording resolution, additional behavioral analysis metrics, and more detailed AI-driven insights.
  • Cellular Add-On: The Cellular Add-On enables cellular connectivity for devices such as the Stall Monitor, allowing users to access data and receive real-time alerts over cellular networks. This add-on may be subject to coverage limitations and additional fees based on cellular data usage.
Horcery reserves the right to modify subscription features, add-ons, and associated fees. Any changes will be communicated through the Horcery platform or by email, with details provided on the impact of such changes on your subscription and add-ons.

Service Usage and Data Thresholds

Horcery may establish usage thresholds for data processing, storage, and cellular usage to maintain service quality and prevent abuse. If your usage exceeds typical service thresholds, Horcery reserves the right to limit or adjust access, as necessary, to comply with service agreements and maintain optimal platform performance. Notifications regarding threshold adjustments will be communicated to you directly.

Billing and Auto Renewal

By purchasing a Horcery Subscription, you acknowledge that it includes recurring payments and accept responsibility for all ongoing payment obligations until the subscription is cancelled by you or Horcery. No additional fees will be charged after cancellation, but refunds will not be issued for any unused portion of the current billing period.

Termination

If you choose to terminate your Horcery Subscription, you may continue to access the subscription services until the end of the current paid billing period. After that period, your subscription and any associated add-ons will not renew, and you will no longer be billed. At the conclusion of the current billing period, your account will be deactivated, and you will no longer have access to the Horcery Services or any data, features, or functionalities associated with your subscription and add-ons.

Refunds

Refunds for the Horcery Subscription, including any add-ons, are not available, except at Horcery’s sole and absolute discretion. Refund requests will be considered on a case-by-case basis. For more assistance, please visit support@horcery.com.

Offers and Promotions

Horcery may, at its discretion, offer promotions or discounts related to Horcery Subscriptions from time to time. Any additional terms or conditions presented during the signup process for such offers will be considered part of these Subscription Terms, including specified timeframes or limitations. Please review all promotional terms carefully before participating.

Suspension or Termination by Horcery

Horcery, in its sole and absolute discretion, may immediately terminate or suspend your account and all or a portion of your Horcery Subscription (including any add-ons) without notice if:
  • your payment is overdue.
  • you provide false or inaccurate information.
  • you violate these Subscription Terms, the Terms of Service, or any other Horcery policies or agreements in effect at the time.
  • you engage in conduct that violates any applicable law, including intellectual property laws.
  • you engage in fraud, misrepresentation, or any other conduct detrimental to Horcery’s interests.
  • you exceed usage limits or violate roaming terms as per Horcery’s agreements with its suppliers.
  • Horcery determines, in its sole discretion, that your Horcery Subscription is being used  for unauthorized commercial purposes.
  • Horcery determines that continuing your Subscription constitutes a reasonable threat to the security, integrity, or proper functioning of the Services.

Effect of Suspension of Termination of Service

If Horcery terminates or suspends your Subscription:
  • Your license to use the Service associated with that Subscription will also be terminated or suspended (as applicable).
  • Horcery may immediately deactivate your account and reassign any identifiers linked to your account.
  • Horcery has the right to immediately delete all data, files, and information stored in your account without further notice.
  • You are responsible for ensuring that any linked or separate subscriptions are canceled, transferred, or ported as necessary. Horcery is not responsible for managing or canceling third-party subscriptions connected to your Horcery Subscription.
You are responsible for paying all charges up to and including the date of termination or suspension. Should you wish to resume your Subscription after a suspension, a restoration of service fee may apply, including all past-due unpaid charges and other fees. Please note that restoration of service may not be possible in all cases, and Horcery reserves the right to deny restoration based on the circumstances of the suspension or termination.

Fees

The fees for the Horcery Subscription and any available add-ons are listed on www.horcery.com and do not include applicable taxes and other charges. Horcery reserves the right, in its sole discretion, to modify these fees at any time. If the amount to be charged (for the Horcery Subscription or an applicable add-on) varies from the amount pre-authorized (excluding changes due to applicable sales tax adjustments), you have the right to receive notice of the new charge amount and the scheduled date of the charge before the transaction, unless applicable law requires your express consent to price changes.

Amount to be Charged

Any agreement you have with your payment provider governs your use of your chosen payment method. You agree to pay Horcery all charges at the prices then in effect for any purchases, in accordance with the applicable payment terms presented at the time of purchase (or as modified by updated versions of our Terms of Service or these Subscription Terms). Horcery may accumulate charges and submit them as one or more aggregate charges during or at the end of each billing cycle.

Billing Authorization

When activating your Horcery Subscription or purchasing an add-on, you must provide a valid payment method (e.g., credit or debit card). YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING VALID PAYMENT INFORMATION. Horcery uses third-party payment providers to process billing and payments. By providing your payment information, you authorize Horcery and its third-party providers to:
  • charge your specified payment method on a recurring basis for your Horcery Subscription and any add-ons (without the need for a signed receipt).
  • place a hold on your payment method for any unpaid charges for your Horcery Subscription or add-ons and
  • continue to charge or place holds for all due amounts until paid in full.
You agree to provide updated payment information upon request and whenever the previously provided information is no longer valid. You acknowledge that Horcery and its agents are not liable for any insufficient funds or other charges incurred as a result of attempts to charge or place holds on your specified payment method. Your failure to cancel your Horcery Subscription (or any add-ons) reaffirms that Horcery is authorized to charge you in accordance with these Subscription Terms.

Non Refundable

Except as explicitly stated in these Subscription Terms, or as required by applicable law, any fees paid are non-cancelable and non-refundable.

Billing Inquiries

If you believe you have been billed in error for a Horcery Subscription or any add-ons, please notify Horcery within 60 days of the billing date by visiting support@horcery.com. Horcery will not issue refunds or credits after this 60-day period, unless required by law.

Collection Costs

If Horcery uses a collection agency or attorney to collect money owed by you, you agree to pay the reasonable costs of collection, including any collection agency fees, attorneys’ fees, and arbitration or court costs.

Use of Cellular Add Ons With Compatible Devices

The Cellular Add-On for the Horcery stall monitor system is designed to work exclusively with compatible Horcery devices. The Subscriber Identity Module (SIM or eSIM) provided by Horcery must only be used within the Horcery ecosystem. Horcery reserves the right to immediately suspend or terminate your subscription if this requirement is violated.
We may remotely configure your device with system settings related to cellular service, roaming, or other network features that cannot be manually changed. Devices purchased for use on the Horcery network are not guaranteed to function on any other cellular networks.
By using the Cellular Add-On, you acknowledge that:
  • You do not gain proprietary rights to any specific mobile or network number assigned by Horcery (the “Number”) or the SIM card used in your device. Ownership of any intellectual property or software on the SIM card belongs to Horcery or its service provider, who may update or modify such software remotely as necessary for administrative, network, or commercial purposes.
  • You are not considered a third-party beneficiary of any agreements between Horcery and its network suppliers, and you agree not to assign the Number or the device’s serial number to any other device. Programming a different number into your Horcery device is prohibited and may result in immediate suspension or cancellation of your subscription.
Horcery reserves the right to reassign or change your Number with prior notice when necessary to maintain service quality, security, or network integrity.

Service Availability and Limitations

Horcery’s Services, including cellular and non-cellular versions, are provided on an “as is” and “as available” basis. We do not guarantee uninterrupted service or complete coverage. Service may not always be available in all areas, and certain features are accessible only when your device is within the operating range of Horcery’s network providers or connected to a reliable internet source.
  • For devices using the Cellular Add-On, service availability depends on the coverage area of Horcery’s cellular network providers. Connectivity may be intermittently interrupted or limited due to factors beyond Horcery’s control, such as environmental conditions, system capacity, emergency priority access, network maintenance, or issues with interconnecting carriers. Additionally, Horcery may remotely adjust device settings related to network features, including roaming and data usage, which users cannot manually override.
  • For devices that connect using customer-provided internet sources, service continuity relies on your internet provider’s network. Horcery is not responsible for disruptions arising from local network issues, outages, or connectivity limitations associated with third-party internet providers. Users are responsible for ensuring that their provided internet source meets Horcery’s requirements for connectivity and service reliability.
  • Data stored locally on Horcery stall monitors and related devices is inherently vulnerable to the risks commonly associated with electronic storage, including but not limited to data corruption, degradation, and loss. Customers are strongly encouraged to subscribe to Horcery’s cloud backup options to safeguard against such risks, thereby ensuring continuous access to and preservation of their data. By choosing not to utilize cloud backup services, the customer acknowledges and accepts that data loss or corruption is a probable outcome of reliance on local storage alone, and Horcery disclaims any liability for such data loss or corruption resulting from the absence of adequate backup measures.

General Disruptions. No Warranty.

Regardless of connectivity type, Horcery’s Services may be disrupted due to:
  • Device Malfunction: Occasional disruptions may occur due to hardware or software malfunctions within the device itself, for which Horcery disclaims liability.
  • Operational Conditions: Service limitations may arise due to environmental factors, physical obstructions, or interference from other wireless networks.
  • Third-Party Disruptions: Horcery’s Services may depend on third-party providers, including internet service providers and cloud hosting services, whose performance may affect the availability and reliability of Horcery’s platform. Horcery disclaims liability for any disruptions, delays, or losses resulting from third-party service issues beyond Horcery’s control.
  • Platform or Online Service Issues: Disruptions may occur within Horcery’s online platform due to scheduled maintenance, technical issues, or unforeseen system outages. While Horcery will strive to minimize such disruptions, it makes no guarantees regarding the continuous availability or fault-free operation of its platform.
To the fullest extent permitted by law, Horcery provides no warranties regarding service continuity or quality, including for emergency services. In the event of any failure or delay, Horcery shall not be liable for damages or injuries resulting from such disruptions, regardless of negligence, as further specified in the Terms of Service.