Product Specific Terms
Last Updated 14 October 2024
The Horcery Product-Specific Terms are intended to highlight important aspects of using our different products. The Product-Specific Terms form part of the Horcery General Terms of Service and are hereby incorporated therein.
If you are using any of the products described below, the terms corresponding to those product(s) apply to your use. We periodically update this page, so please check back here for current information.
  1. Horcery Stall Monitor

    1. Operating Conditions. The Horcery Stall Monitor is designed to operate within specific environmental parameters, including but not limited to stable power supplies, recommended temperature ranges, and proper installation environments. The Stall Monitor should be installed in areas free from excessive moisture, dust, and potential physical obstructions. Operating the device outside these specified conditions will void the warranty and may result in device failure or data loss, for which Horcery is not liable.

    2. Installation and Usage Responsibilities. You are responsible for ensuring that the installation and usage of the Horcery Stall Monitor and any other Horcery products comply with all applicable laws and regulations, including but not limited to those related to data privacy, recording, and property rights. This includes obtaining all necessary consents and providing any required notices to individuals whose video or audio may be recorded by the device. Horcery is not liable for any damages or claims arising from improper installation or misuse of the products. You must ensure that the device is installed in a location that does not infringe on the privacy of others or violate any applicable laws.

    3. Consent for Recording. It is your responsibility to ensure that all individuals who may be recorded by the Horcery Stall Monitor, either through video or audio, are aware of and consent to the recording. This includes providing clear notice that recording is taking place and obtaining explicit consent where required by law. Failure to obtain the necessary consents may result in violations of data privacy laws and potential legal consequences. Horcery disclaims any liability arising from the failure to obtain such consents.

    4. Maintenance Responsibilities. You are responsible for the regular maintenance of the Horcery Stall Monitor, including but not limited to cleaning the device lens and ensuring that the device is free from physical obstructions such as spider webs, dust, or debris. Neglecting regular maintenance may degrade the device’s performance, for which Horcery is not liable.

    5. Power and Internet Connectivity Requirements. The proper functioning of the Horcery Stall Monitor relies on a stable mains power supply, a high-speed internet connection, and reliable third-party data hosting services. It is your responsibility to ensure that these requirements are met at all times. Should the power supply, internet connection, or third-party data hosting service fail, data loss or device malfunction may occur. Horcery is not liable for any loss of data or device functionality resulting from such interruptions. We recommend the use of an uninterruptible power supply (UPS) to mitigate the risk of power-related disruptions.

    6. Data Storage and Backup. You are solely responsible for regularly backing up any important data recorded by the Horcery Stall Monitor. Horcery offers an optional cloud backup service at an additional cost, which is the only supported and recommended method for securing your data offsite. No alternative backup methods are supported by Horcery. If you choose not to use this service, please be aware that data recovery may not be possible in the event of data loss. If you choose not to use this service, please be aware that Horcery is not liable for any data loss due to device failure, power interruptions, or any other causes. It is strongly recommended that you take necessary precautions to ensure data integrity, such as using an uninterrupted power supply (UPS). Without the use of Horcery’s cloud backup service, data recovery may not be possible in the event of data loss.

    7. No Life Safety or Emergency Use. The Horcery Stall Monitor is intended solely for monitoring purposes and is not designed, certified, or guaranteed for life-safety or emergency notification use. The device should not be relied upon in any situation where health or safety is dependent on its performance. Horcery disclaims any liability arising from the use of the device for critical or life-safety purposes, including any failure to operate uninterrupted or error-free.

    8. No Emergency Notification System. The Horcery Stall Monitor is not intended for use as a third-party monitored emergency notification system. Horcery does not monitor emergency notifications and will not dispatch emergency authorities in the event of an emergency. You acknowledge that the Stall Monitor is not 100% reliable and is not a substitute for an emergency notification system. All life-threatening, safety, and emergency events should be directed to the appropriate response services.

    9. Product Warranty Limitations. The Limited Warranty provided by Horcery for the Stall Monitor is subject to additional limitations as outlined in this product-specific disclaimer. Warranty exclusions include, but are not limited to, damage or failure resulting from operating the device outside the specified environmental conditions, lack of maintenance, unauthorized modifications, or any use inconsistent with the instructions provided in the product documentation. Additionally, if the device is mechanically damaged due to dropping, mishandling, or improper maintenance, it may compromise its structural integrity, potentially causing components to detach and pose a risk to people or animals. Horcery disclaims any liability for injuries, damages, or incidents arising from such mechanical failures.

  2. Pre-Release, Demo and Beta Products

    1. Overview. Horcery may offer select customers, including those classified as Testing Partners or participants in product demonstration and testing agreements, access to pre-release or beta versions of its hardware or software products. These products, labeled as “Pre-Release,” “Demo,” or “Beta,” are provided for testing and evaluation purposes only. They are part of an ongoing development process, intended solely for feedback and validation, and may lack full functionality or performance.

    2. Usage Terms. Access to pre-release or beta products is granted for testing purposes only. By using these materials, you agree to actively test and evaluate them and to provide Horcery with feedback on their performance, usability, and any issues encountered. All use of pre-release and beta products must comply with Horcery’s Terms of Service and these Product-Specific Terms. Unauthorized modification, reverse engineering, or disassembly of the pre-release or beta products is prohibited.

    3. Property Rights and Confidentiality. Horcery retains all rights, title, and interest in and to pre-release or beta products, including any associated software, hardware, and intellectual property. Any feedback, ideas, modifications, or improvements suggested by you will be considered the sole property of Horcery. You are prohibited from disclosing or sharing access to these materials with third parties without Horcery’s written consent, except as required to fulfill the intended testing purpose.

    4. Non-Disclosure. By accessing and using Horcery’s pre-release or beta products, you may encounter confidential information belonging to Horcery. You agree to use such confidential information solely for the purposes of testing and evaluating the product and not to disclose any such information to third parties without Horcery’s written consent. Confidential information includes but is not limited to development strategies, intellectual property, trade secrets, software programs, and other proprietary data related to Horcery’s products and services.

    5. Permitted Disclosure. You are encouraged to share positive experiences and insights gained from using the pre-release or beta products in public forums or marketing materials, provided such disclosures are non-disparaging and accurately reflect the capabilities and benefits of the products. Any promotional use must comply with these terms and may not include specific details on product specifications or other confidential information.

    6. Non Disparagement. As a Testing Partner, you are granted access to early-stage units that may not fully reflect the capabilities or quality of the final product. By participating, you agree to maintain confidentiality about any shortcomings or issues encountered with the Demo Material and refrain from making any public statements that could harm Horcery’s reputation. Disparaging remarks, including but not limited to comments made online, in social media, or in other public forums, are prohibited. Any breach of this non-disparagement agreement may result in liability for damages, including but not limited to loss of business, reputation, or other consequential impacts, and may lead Horcery to pursue legal remedies as necessary.

    7. Non-Solicitation. During the testing period and for one (1) year thereafter, you agree not to solicit or hire any employees or contractors of Horcery or its affiliates, unless explicitly authorized by Horcery in writing. This is intended to protect Horcery’s business interests and the integrity of its relationships with its personnel.

    8. Warranty and Liability. Pre-release and beta products are provided “AS IS” and “AS AVAILABLE” without any warranties, express or implied. Horcery makes no guarantee whether expressed or implied regarding but not limited to fitness for a particular purpose, non infringement, and that these products will operate without errors or interruptions. Pre-release and beta products are not covered under Horcery’s standard warranty or return policy, and Horcery disclaims any liability for damages arising from their use. Customers are advised to exercise caution and are responsible for ensuring that they back up any important data, as Horcery will not be liable for data loss or corruption.

    9. Risk of Use and Insurance. By participating in pre-release or beta testing, you acknowledge and assume all risks associated with the use of these products. Horcery strongly recommends obtaining adequate insurance coverage for any potential risks, as Horcery is not responsible for any loss or damage to pre-release or beta products while in your possession.

    10. Additional Terms. These terms supplement Horcery’s General Terms of Service and any other applicable agreements.