(“Horcery,” “we,” “us,” or “our”) regarding your access to and use of our services (as defined below).
Requirements to Use the Service. In accessing and using the Service, you must meet certain eligibility and conduct requirements, in addition to other conditions described in these Terms.
Eligibility. You must be at least 16 years old or the age required by applicable law if higher to use or order the Service. By agreeing to these Terms, you represent, warrant, and covenant to us that: (a) you are at least 16 years old or over the age required by applicable law if higher; (b) you are, and will continue to be, capable of entering into legally binding contracts; (c) you have not previously been suspended or removed from the Service or any other product or service provided by Horcery; and (e) your use of the Service is, and will be, in compliance with any local, state, national, or international laws, rules, regulations, codes of practices, guidelines, or any other requirements of regulatory authorities, as amended from time to time (collectively, “Law”) within the jurisdiction in which you reside or from which you are using the Service. You agree to notify us if any of the foregoing statements cease to be correct.
Organizations. If you are an individual accessing or using the Service on behalf of, or for the benefit of, any corporation, partnership, company, organization, or other entity with which you are associated (an “Organization”), then: (a) you are agreeing to these Terms on behalf of yourself and such Organization; (b) you represent, warrant, and covenant that you have, and during the time you use the Service will maintain, the legal authority to bind such Organization to these Terms; (c) references to “you,” “your,” and “yours” in these Terms will refer to both the individual using the Service and to any such Organization, individually and collectively; and (d) you acknowledge that the use of the Service by or on behalf of any Organization may also be subject to additional terms made available by Horcery, which are hereby incorporated by this reference into these Terms.
Use of the Service.
Limited Right to Use the Service. Subject to your complete and ongoing compliance with these Terms, the instructions we provide in connection with the Service (including any Product), and solely for so long as and to the extent you are permitted by Horcery to use the Service, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right and licence to install and use our mobile applications, any embedded firmware and access and to the data, insights, and services provided through the Horcery platform (“Licensed Data”) solely for your personal, non-commercial purposes or business purposes directly within the Horcery ecosystem. This licence does not transfer ownership of the Licensed Data, and you acknowledge that Horcery retains full and complete rights to all data generated by or through the Services. If you fail to comply with any of these Terms, you must immediately cease using the Service.
Prohibited Uses. By accessing or using the Service, and except as otherwise set forth in a separate written agreement signed by you and Horcery or to the extent such a restriction is prohibited by Law, you agree not to engage in the following “Prohibited Uses,” directly or indirectly, including but not limited to:
Using the Service for any illegal purpose or in violation of any Law, including privacy laws and consumer protection laws.
Violating, or encouraging others to violate, any right of a third party, including by infringing or misappropriating any third-party Intellectual Property or other right.
Interfering with security-related features of the Service or access control mechanisms, including by: (i) disabling or circumventing features that prevent or limit the use or copying of any content; or (ii) decompiling or reverse engineering or otherwise attempting to discover the source code of any portion of the Service, except to the extent that the activity is expressly permitted by Law or an applicable license for Open-Source Software.
Interfering with, permitting unauthorized access to, contaminating, disrupting, disabling, erasing, harming, or otherwise impeding in any manner the normal and expected operation of the Service, any associated hardware, or any part thereof, including any user’s use or enjoyment of the Service, or any software, network, equipment, or server connected to or used to provide the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, trap, backdoor, worm, Trojan horse, or other malicious code; (ii) intentionally consuming computer resources beyond what is required for your use of the Service in accordance with these Terms; (iii) using the Service to continually or repeatedly dial telephone numbers associated with free conference calls, free chat lines, or similar or related services; (iv) compromising the Service’s security or capacity, degrading the Service’s performance, or otherwise adversely impacting network service levels or legitimate data flows; (v) using applications which automatically consume unreasonable amounts of available Service capacity; (vi) using applications which are designed for unattended use, automatic data feeds, connections, or applications that are used in a way that degrades Service capacity or functionality; and (vii) misusing the Service, including through “spamming” or sending abusive, unsolicited, or other mass automated communications.
Restricting or inhibiting any other person from using the Service with his or her own Product.
Performing any misleading, deceptive, fraudulent, or otherwise illegal activity, including impersonating any person or entity, claiming a false affiliation, or engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes.
Selling, reselling, or otherwise transferring the access granted under these Terms, or any right or ability to view, access, or use the Service.
You may not share, rent, lease, or sublicense any part of the Services or your access to the Services, except where such activity is explicitly permitted by Horcery as part of the platform’s functionality or under the terms provided by Horcery.
Harvesting or collecting information about users of the Service, including any attempt to decipher any transmissions to or from the servers running the Service.
Posting, transmitting, or otherwise making available through, or in connection with, the Service any content or materials (including Submissions, as defined below) that are or may be: (i) threatening, harassing, degrading, or intimidating, or otherwise fail to respect the rights and dignity of others; (ii) hateful or discriminatory based on race, color, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation, or age; (iii) an invasion of another’s privacy; (iv) unlawful, defamatory, libelous, fraudulent, or otherwise tortious; (v) obscene, indecent, pornographic, or otherwise objectionable; (vi) harmful to or exploitative of minors in any way; (vii) false or otherwise misrepresent your affiliation with any person or entity; (viii) constitutes or contains any form of advertising or solicitation to users of the Service who have requests not to be contacted about other services, products, or commercial interests; or (ix) protected by any Intellectual Property right or any other proprietary right, without the express prior written consent of the applicable owner.
Copying, reproducing, modifying, adapting, translating, creating derivative works of, displaying, performing, broadcasting, synchronizing, publishing, selling, reselling, renting, leasing, licensing, loaning, timesharing, archiving, distributing, transmitting, or otherwise exploiting any portion of (or any use of) the Service or otherwise making the Service available to any third party, including for any third-party training or service bureau use, except as expressly authorized herein.
Removing any copyright, trademark, or other proprietary rights notice from the Service.
Framing or mirroring any portion of the Service, or otherwise incorporating any portion of the Service into any product or service.
Systematically downloading or storing the Service or any element thereof (except for your or other users’ Submissions or your Intellectual Property, so long as you have any required authorizations or releases).
Using any robot, spider, agent, script, site search/retrieval application, or other manual or automatic device to retrieve, index, “scrape,” “data mine,” or otherwise gather any element of the Service, or reproduce or circumvent the navigational structure or presentation of the Service (except as allowed by website access mechanisms such as robots.txt).
Accessing or using the Service for the purposes of monitoring its availability, performance, or functionality, or for any other benchmarking or competitive purposes.
Accessing, altering, or interfering, or attempting or assisting another person to access, alter, or interfere, with the communications equipment or information of Horcery (or any of Horcery’s suppliers), any customer, or end user, including by rearranging, tampering, or making any unauthorized connection with any wireless telephone equipment, or using any scheme, false representation, or false credit devices, or by, or through, any other fraudulent means or devices whatsoever.
Rearranging, tampering, or making an unauthorized connection with any portion or component of the Service.
Using or assisting others in the use of any unethical or fraudulent scheme, or by or through any other unethical or fraudulent means or devices whatsoever, with intent to avoid payment of, in whole or in part, any charges for the Service.
Using the Service without permission on a stolen or lost Product or device.
Accessing the accounts of other users of the Service without authority.
Installing any amplifiers, enhancers, repeaters, signal boosters, or other devices that modify or otherwise affect the radio frequencies used to provide the Service without express permission from Horcery.
Using the Service for monitoring of third parties without their permission, including location-based tracking of individuals.
Using the Service to provide life-sustaining medical care or monitoring.
Any other use of the Service that Horcery reasonably determines, in its sole discretion, is fraudulent, harmful, or in violation of this Section 2 and
Attempting to do any of the Prohibited Uses described in this Section 2 or assisting any person in engaging in, or authorizing or permitting any person to do, any of the Prohibited Uses described in this Section 2. If you are prohibited under applicable Law from using the Service, you must not, and agree not to, use the Service.
Restrictions on Data Transactions. You agree not to sell, lease, transfer, or otherwise distribute any Licensed Data generated by or accessible through the Horcery platform outside of Horcery’s designated channels. All data transactions involving Licensed Data must occur exclusively through Horcery’s platform, subject to Horcery’s terms and approval and Privacy Policy. Unauthorized transactions outside the platform or use of Licensed Data beyond the scope permitted by this license are prohibited without Horcery’s prior written consent.
Modification of the Products and the Service. Horcery does not and cannot guarantee that, as of the date of your acceptance of these Terms or at any time in the future, all functionality will be available with respect to the Service or any one or more elements of the Service, including any purchased Product. We reserve the right, at any time, to modify, limit, or discontinue any and all features of (a) any Product or element thereof, or (b) the Service, or any part or element of the foregoing, temporarily or permanently, without notice to you. We may, at any time, suspend or terminate your right to use the Service, including access to your account or data. Horcery will have no liability for any change to any part of the Service (including a Product) or any suspension or termination of your access to or use of the Service.
Automatic Software Updates. Horcery may, from time to time, develop patches, bug fixes, updates, upgrades, and other modifications intended to improve the performance of the Service or any Product. These updates may be automatically installed without providing any additional notice or receiving any additional consent from you. By using the Service or any Product, you agree to these automatic updates.
Limitations of Horcery Products and Services. Horcery Products and Services are designed to provide high reliability and availability; however, they are not guaranteed to be free from interruptions, errors, or defects, including hardware and software bugs. You acknowledge that Horcery Products and Services may experience delays, malfunctions, or interruptions due to software bugs, internet connectivity issues, mobile network carriers, third-party service providers, or other technical or operational factors beyond Horcery’s control. Horcery shall not be liable for any damages, losses, or liabilities arising from software bugs or other delays or failures of the Horcery Services to reflect real-time information or notifications. Horcery Services may also be temporarily suspended or disrupted without notice for various reasons, including but not limited to security measures, system failures, software bugs, maintenance, repairs, updates, or other unforeseen circumstances. Such suspensions or disruptions do not entitle you to any refunds or credits. Horcery provides no guarantee of continuous, uninterrupted, or error-free service and disclaims all liability for any losses incurred due to service suspensions or disruptions.
Limitations of Horcery Products and Services Due to Third Party Dependencies. Horcery Products and Services rely on third-party products and services, such as data storage, synchronization, and communication through providers like Amazon Web Services, as well as mobile notifications through operating system vendors and carriers. These third-party services are beyond our control and may not always operate reliably. Horcery is not liable for any damages or losses resulting from the operation or availability of these third-party services. You are responsible for any fees charged by your ISP or mobile carrier related to your use of Horcery Services. You must also comply with all applicable terms and policies of your ISP and carrier. The availability of Mobile Apps depends on third-party platforms, such as Google Play or the Apple App Store (“App Stores”). These Terms apply solely between you and Horcery, not the App Store. Each App Store may have its own terms, which you must agree to before downloading the Mobile Apps. Your use of the Mobile Apps is conditional upon compliance with these terms, and in cases where App Store terms are less restrictive or conflict with these Terms, the terms herein shall prevail.
Ownership: Third-Party Software and Services. The Service contains our proprietary information and Intellectual Property rights. We grant you a limited license to allow you to access and use the Service, so long as you continue to comply with our Terms.
Ownership: Proprietary Rights. The Service is owned and operated by Horcery, LLC. (or its third-party licensors and suppliers) and contains materials and subject matter protected by copyrights, patents, trade secrets, trademarks, and other intellectual property rights (collectively, “Intellectual Property”) of Horcery. These Terms do not grant you any ownership interest in or to the Service, including any Intellectual Property rights, but only a limited right of use that can be revoked in accordance with these Terms. Horcery and its licensors reserve all rights, including all Intellectual Property rights, not expressly granted to you under these Terms.
Trademark Rights. All trade names, trademarks, service marks, and logos (together with all goodwill associated with the foregoing, “Trademarks”) displayed on the Products or used in connection with the Service are either owned by us or are the property of their respective owners. You may not use our Trademarks in connection with any product or service that is not ours, any product, service, or use that is not expressly authorized by us, or in any manner that is likely to cause confusion with respect to the ownership or affiliation of Horcery’s Trademarks. Nothing contained in the Service should be construed as granting any right to use any Trademarks without the express prior written consent of the owner.
Third-Party Services: Third-Party Software.
The Service may include access to, or use of, third-party services (“Third-Party Services”) that are not operated or controlled by Horcery. Your use of any Third-Party Services is governed by the terms and conditions applicable to such services, as provided by the third-party service providers. Horcery does not endorse, warrant, or assume any responsibility for any Third-Party Services, including their content, accuracy, or availability. You acknowledge that any reliance on Third-Party Services is at your own risk.
Any portion of the Service that constitutes third-party software (“Third-Party Software”) is licensed to you subject to the terms and conditions of the software license agreements governing such Third-Party Software. If you would like a list of software provided under a public license (“Open-Source Software”) that is included as part of the Third-Party Software, please contact Horcery’s support team for further assistance. Please note, the list of Open-Source Software is subject to updates from time to time.
Third-Party Data Hosting. Horcery utilizes third-party servers for data hosting and storage. Horcery is not liable for any issues, including data loss, security breaches, or service interruptions caused by these third-party services. By using our products and services, you acknowledge and accept that your data may be hosted on servers operated by third-party service providers. You assume full responsibility for any risks associated with such data hosting arrangements and agree to comply with the applicable third-party terms.
Sub-Processors. Horcery may engage third-party service providers (“Sub-Processors”) to assist with the processing of personal data. By continuing to use our services, you consent to our use of Sub-Processors.
Submissions; Feedback
General. By using the Service, you and other users may capture, upload, input, or otherwise make available (“Submit”) certain data, including but not limited to photos, videos, text entries, media, horse medical reports, and other content and files (each, a “Submission”), through the Service. This includes data captured automatically by devices such as the Stall Monitor or manually entered through the Horcery Mobile App. Horcery is not responsible for, and has no control over, any use or misuse (including any distribution) by any third party of Submissions or any loss of Submissions, including how other users may use or interact with your Submissions, or for other users’ Submissions. Additionally, if you do not enable a data backup service, there is no guarantee against data loss, and Horcery shall not be liable for any such loss. You agree not to Submit any information or other materials that you consider to be confidential or proprietary or that violate Law or others’ rights through, or in connection with, the use of the Service. If you choose to make any personally identifiable or other information publicly available through the Service, you do so at your own risk.
Customer Responsibilities. As the Controller of the personal data, you are responsible for ensuring that the data you provide to Horcery complies with all applicable data protection laws, including obtaining any necessary consents. By using the Service, you agree to the terms outlined in our Data Processing Agreement, which governs the processing of personal data.
Ownership. For purposes of clarity, you retain ownership of your Submissions. However, to enable us to provide the Service and improve it, we need certain permissions from you to use the Submissions. Specifically, for each Submission you provide, you hereby grant to us a worldwide, royalty-free, fully paid-up, perpetual, sublicensable (through multiple tiers), and non-exclusive license without any additional consideration to you or any third party to access, use, host, cache, store, reproduce, adapt, distribute, publish, display, prepare derivative works of, and modify such Submission for the following purposes: (a) to provide you with the Service, fulfill your requests, and improve the Service; (b) to ensure that our vendors, Service providers, and third-party partners can provide certain Service functionalities to you; (c) for legal, safety, or security reasons, including to prevent fraud, to enforce these Terms and for other compliance reasons; and (d) for any other purpose for which you give your express consent. You further acknowledge and agree that any derivatives, transformations, adaptations, analyses, or modifications of your Submissions generated through the processing, analysis, or utilization of the Submissions by Horcery or its authorized agents, shall be owned exclusively by Horcery. Horcery shall have full and unrestricted rights to exploit such derivatives in any manner and for any purpose, including commercial and non-commercial uses, without any obligation to compensate you.
Feedback. In addition, if you choose to provide us with any input, ideas, proposals, suggestions, or feedback (“Feedback”), whether related to the Service or otherwise, such Feedback will be deemed a Submission, and the above terms regarding Submissions will apply. You agree that you provide all Feedback to us on a non-confidential basis (regardless of any designation or indication to the contrary in the submitted information or any accompanying correspondence). Your provision of such Feedback is gratuitous, irrevocable, and does not place any restrictions on Horcery, including any fiduciary or other obligation. Any Feedback, comments, or suggestions you provide regarding the Service or Products are entirely voluntary, and you agree that Horcery will be free to use such feedback, comments, or suggestions without any obligation to you.
No Duty to Monitor. We may (but have no obligation to) monitor, evaluate, alter, or remove Submissions before or after they appear on the Service or analyze your access to or use of the Service. Subject to our Privacy Policy, we may disclose information regarding your access to and use of the Service, and the circumstances surrounding such access and use, to anyone for any reason or purpose.
Representations. YOU ARE ENTIRELY RESPONSIBLE FOR THE SUBMISSIONS YOU PROVIDE AND FOR ANY CONSEQUENCES ARISING IN CONNECTION WITH THOSE SUBMISSIONS (INCLUDING ANY LOSS OR DAMAGE SUFFERED OR INCURRED BY US OR OTHER USERS). YOU REPRESENT, WARRANT, AND COVENANT THAT: (a) YOU ARE THE OWNER OF ALL RIGHTS PERTAINING TO THE SUBMISSIONS, OR OTHERWISE AUTHORIZED TO GRANT US THE LICENSES DESCRIBED ABOVE; (b) THE SUBMISSIONS WILL NOT INFRINGE ANY INTELLECTUAL PROPERTY OR OTHER THIRD-PARTY RIGHTS; AND (c) THE SUBMISSIONS ARE NOT FRAUDULENT, TORTIOUS, OR OTHERWISE IN VIOLATION OF ANY LAW. YOU FURTHER IRREVOCABLY WAIVE ANY “MORAL RIGHTS” OR OTHER RIGHTS WITH RESPECT TO ATTRIBUTION OF AUTHORSHIP OR INTEGRITY OF MATERIALS REGARDING THE SUBMISSIONS THAT YOU MAY HAVE UNDER ANY APPLICABLE LAW OR UNDER ANY LEGAL THEORY.
Third-Party Sites. The Service may contain links to third-party websites or other content and services provided by third parties (“Third-Party Sites”). Horcery neither controls nor endorses these Third-Party Sites, nor has Horcery reviewed or approved the content that appears on them. Horcery is not responsible for the legality, accuracy, or inappropriate nature of any content, advertising, products, or other materials on or available from any Third-Party Sites. Your use of Third-Party Sites is at your own risk and is subject to any additional or separate subscriptions, terms, conditions, and policies applicable to such Third-Party Sites (such as terms of service or privacy policies of the providers of such Third-Party Sites). Horcery is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with, the access to or use of any Third-Party Sites.
Terms of Use for Subscriptions and Non-Subscription Products.
General Scope. Horcery offers both subscription-based services and non-subscription products that may include one-time purchases, pre-orders, or other products and services. The terms herein apply to all Products, whether accessed through a subscription or purchased individually. For additional terms specific to Horcery Subscriptions, please refer to Horcery’s Subscription Terms.
Subscriptions. Certain features, content, functionalities, and other aspects of the Service are available only to users with a valid subscription (a “Horcery Subscription”), subject to Horcery’s Subscription Terms.
Account. During the order or pre-order process for a Product from our Site (an “Order”), you may be required or permitted to create a Horcery account. You are responsible for maintaining the confidentiality of your password and any other registered authentication mechanisms used for multi-factor authentication. You are responsible for restricting access to your password and other authentication mechanisms, and you hereby accept responsibility for all activities that occur under your account.
Payment Methods. We use a third-party payment processor (the “Payment Processor”) to handle payments for all Orders for Products from our Site. The processing of payments will be subject to the terms, conditions, and privacy policies of the Payment Processor in addition to these Terms. By proceeding with an Order, you agree to be bound by these terms, including any policies related to refunds, chargebacks, and dispute resolution as provided by the Payment Processor. We are not responsible for errors by the Payment Processor. If you Order a Product from our Site, you agree to pay us through the Payment Processor, in accordance with the applicable payment terms.
Orders. Each Order that you submit to us constitutes an offer to purchase, and by submitting an Order for a Product, you agree to purchase that Product. We may verify certain items in your Order and reserve the right to limit, modify, deny, or cancel all or part of an Order or a return request and may refuse to ship Products to you for any reason including: (a) if we detect suspicious or fraudulent activity in violation of these Terms or any additional terms specified on a Product page or in a Product description (including quantity limits); or (b) if you do not reside in a country from which Products may be purchased. All Products offered by Horcery are subject to availability.
Delivery. We may not be able to deliver Products to all locations. If we do not ship a Product to the address you provided, we will notify you. Any delivery dates or times provided by Horcery (or a delivery agent) are estimates only and are not guaranteed. You assume risk of loss of any purchased Products when such Products are delivered to a carrier. Title to Products passes to you upon full payment, FOB the distribution facility of Horcery or Horcery’s distribution partners (Incoterms 2020).
Pricing. Pricing and shipping information will be displayed during the checkout process before you submit your Order. All prices and Products, even after you submit your Order, are subject to change for any reason.
Errors, Inaccuracies, or Omissions. Horcery attempts to be as accurate as possible and eliminate errors on the Site. However, there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to Product descriptions, pricing, promotions, offers, and availability. If a Product offered on the Site is not as described or pictured, your sole remedy is to return it in accordance with Horcery’s Return Policy. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel Orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your Order), and your sole remedy in the event of such error is to cancel your Order.
For more information on returning a Product, please visit Horcery’s Return Policy.
Resale Not Authorized. The purchase of a Product for the purpose of selling or reselling to third parties, other than by authorized resellers approved by Horcery, is not authorized by Horcery. The Product is solely intended for use by you, the purchaser, or gift recipient of the Product.
Waiver; Wellness-Related Content.
Waiver.
If you have purchased any Products, you hereby acknowledge and agree that you have read, and shall comply with, the user manuals provided with all such Products (if any).
You understand that, by using the Service, you may be exposed to a variety of hazards and risks, foreseen or unforeseen, including risks that arise as a result of using any Product. This includes risks to the health and safety of animals, such as horses, that are being monitored by the Service. You understand that injuries, illness, or other adverse effects to animals or humans could occur due to natural causes, activities of other persons, or the inherent limitations of the Service, whether as a result of negligence or otherwise. To the fullest extent permitted by applicable Law, you voluntarily assume all risk of loss, damage, and injury to person, property, or animals that may arise from, or that is related to, your use of the Service, whether such risk is known or unknown to you.
You hereby waive and release the Horcery Entities (as defined below), to the fullest extent permitted by Law, from any claim, action, suit, or demand (each, a “Claim”) arising out of, or in connection with, the use of the Service (including with respect to any injury, illness, or death of animals or humans). You acknowledge that none of the Horcery Entities will incur any obligation to you under any legal theory (including negligence) as a result of your use of the Service. You agree that this release is binding upon you and your heirs, executors, administrators, successors, and assigns.
IF YOU ARE A CALIFORNIA RESIDENT, THE FOREGOING RELEASE IS INTENDED TO APPLY TO ALL CLAIMS NOT KNOWN OR SUSPECTED TO EXIST, WITH THE INTENT OF WAIVING, IF APPLICABLE, THE EFFECT OF CALIFORNIA CIVIL CODE SECTION 1542 (WHICH STATES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY”) AND OTHER ANALOGOUS LAWS OR LEGAL PRINCIPLES OF ANY JURISDICTION REQUIRING THE INTENT TO RELEASE FUTURE UNKNOWN CLAIMS. IF YOU ARE NOT A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS UNDER ANY STATUTE OR COMMON LAW PRINCIPLE SIMILAR TO SECTION 1542 THAT GOVERNS YOUR RIGHTS IN THE JURISDICTION OF YOUR RESIDENCE.
Wellness-Related Content. You acknowledge and agree that: (a) Horcery is not a healthcare provider or a veterinary service provider; (b) the Service (including any recommendations and any information available through the Service that may be personalized) may not be appropriate for you or your animals, and does not constitute or replace medical or veterinary advice, diagnosis, or treatment; (c) Horcery is not responsible for any results that may (or may not) be obtained from the use of the Service; (d) it is your sole responsibility to consult with your personal physician about your health, and with a qualified veterinarian about your animals’ health, including any medical condition, impairment, or disability that may prevent or limit your or your animals’ ability to use the Service (including any Product); and (e) you are solely responsible for abiding by your personal physician’s or veterinarian’s recommendation as to any such medical or veterinary restrictions, and for using the Service (including each Product) solely in accordance with their advice. NOTHING STATED OR POSTED ON OR AVAILABLE THROUGH THE SERVICE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL, VETERINARY, NUTRITIONAL, OR COUNSELING CARE, INCLUDING, BUT NOT LIMITED TO, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTHCARE, VETERINARY CARE, OR NUTRITIONAL TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS, OR ADVICE. THE SERVICE IS CONTINUALLY UNDER DEVELOPMENT AND, TO THE FULLEST EXTENT PERMITTED BY LAW, HORCERY MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS, OR APPROPRIATENESS FOR ANY PURPOSE. DEVELOPMENTS IN MEDICAL AND VETERINARY RESEARCH MAY IMPACT THE HEALTH, FITNESS, AND NUTRITIONAL INFORMATION THAT APPEARS ON OR THROUGH THE SERVICE. NO ASSURANCE CAN BE GIVEN THAT THE INFORMATION CONTAINED ON OR THROUGH THE SERVICE WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.
User-to-User Interactions and Marketplace Transaction. Horcery provides a platform that may enable users to engage in certain interactions, including renting equipment, participating in social forums, and selling data through the platform. Horcery facilitates these activities but does not assume liability for any disputes, claims, damages, or issues arising from such transactions or interactions between users. Users acknowledge and agree that Horcery is not responsible for, and does not guarantee, any aspect of user-to-user transactions, including but not limited to rentals, marketplace sales, and interactions within social forums. Users participate in these activities at their own risk and are solely responsible for their conduct in connection with these features.
Indemnity. To the fullest extent permitted by applicable Law, you agree to defend (at our election), indemnify, and hold harmless Horcery LLC, its affiliates, and its and their officers, directors, employees, consultants, contractors, affiliates, subsidiaries, advisors, and agents (collectively, the “Horcery Entities”) from and against every Claim brought by a third party, and any related liability, damage, loss, expense, settlements, and judgments of whatever kind (including reasonable attorneys’ fees and costs, the cost of enforcing any right to indemnification hereunder, and the cost of pursuing any insurance providers) arising out of, or in connection with: (a) the use of the Service or any Product by you or under your account; (b) your violation of any portion of these Terms, the Data Processing Agreement, any representation, warranty, covenant, or agreement referenced in these Terms, or any applicable Law; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; (d) any dispute or issue between you and any third party; or (e) your failure to comply with applicable data protection laws, including but not limited to, obtaining necessary consents for the processing of personal data. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
Disclaimers; No Warranties.
No Warranty for Third-Party Components. The Products may be manufactured, in whole or in part, by a third party. Accordingly, Horcery does not provide any warranties with respect to third-party components included in the Products, except as specifically provided in Horcery’s Limited Warranty or as required by applicable law. Any warranties provided by third-party manufacturers are solely their responsibility. Horcery does not guarantee the performance, reliability, or safety of these third-party components and is not liable for any defects or failures arising from their use.
Warranty Disclaimer. EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS AND IN HORCERY’S LIMITED WARRANTY, THE SERVICE AND EACH ELEMENT OF THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. HORCERY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE (INCLUDING ALL PRODUCTS AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE), INCLUDING BUT NOT LIMITED TO: (a) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (b) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE PRACTICE. HORCERY DOES NOT WARRANT THAT THE PRODUCTS, THE SERVICE, OR ANY PART THEREOF WILL OPERATE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DOES NOT GUARANTEE THAT ANY DEFECTS OR ISSUES WILL BE CORRECTED.
Warranty Limitations for Specific Products. Any Limited Warranty provided by Horcery may be subject to additional limitations as outlined in the product-specific disclaimers. For example, the Product Specific Terms provides specific details regarding warranty exclusions related to environmental conditions, maintenance, and usage. You are encouraged to review the Product Specific Terms to fully understand the conditions under which the warranty applies.
Use of the Service is at Your Risk. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY HORCERY ENTITY WILL CREATE ANY WARRANTY THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK ASSOCIATED WITH YOUR USE OF THE SERVICE (INCLUDING ANY PRODUCT), INCLUDING ANY DAMAGE TO YOUR PROPERTY (INCLUDING COMPUTERS, MOBILE DEVICES, OR ANIMALS) OR LOSS OF DATA RESULTING FROM THE USE OF THE SERVICE. HORCERY IS NOT LIABLE FOR ANY DAMAGE THAT MAY RESULT FROM THE PRODUCTS, THE SERVICE, OR YOUR USE OF THE PRODUCTS OR SERVICE.
Scope. THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS SECTION 11 APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Horcery does not disclaim any warranty or other right that Horcery is prohibited from disclaiming under applicable Law.
Liability for Unauthorized Acceptance. HORCERY SHALL NOT BE LIABLE FOR ANY CLAIMS, DAMAGES, OR LIABILITIES ARISING FROM THE UNAUTHORIZED ACCEPTANCE OF THESE TERMS BY AN INDIVIDUAL WITHOUT THE PROPER AUTHORITY. THE RESPONSIBILITY TO ENSURE THAT THE INDIVIDUAL ACCEPTING THESE TERMS IS AUTHORIZED LIES SOLELY WITH THE ORGANIZATION OR ENTITY.
Limitation of Liability. In the event that an individual accepts these Terms on behalf of an organization or entity without the necessary authority, the organization or entity agrees to indemnify, defend, and hold harmless Horcery from any claims, damages, or liabilities arising from such unauthorized acceptance.
The Horcery Stall Monitor and other Horcery products may have specific operational parameters, maintenance requirements, and safety risks as outlined in their respective disclaimers. By using these products, you acknowledge and agree to the conditions set forth in the applicable product-specific disclaimer, including potential risks of mechanical failure. If a product is mechanically damaged or not properly maintained—whether from mishandling, dropping, or neglect—it may pose a risk of components detaching and causing injury to people or animals. Horcery is not liable for any injuries, damages, or losses resulting from such mechanical failures or improper maintenance.
Release Regarding Third Parties. Horcery is not responsible for the products and services of third parties, including those that enable Horcery Services such as ISPs, carriers, App Stores, and other third-party services. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY WAIVE, DISCHARGE, AND RELEASE HORCERY, ITS LICENSORS, AND SUPPLIERS FROM ANY CLAIMS, LIABILITIES, OR DAMAGES, KNOWN OR UNKNOWN, ARISING FROM OR RELATED TO YOUR INTERACTIONS WITH SUCH THIRD PARTIES AND THEIR PRODUCTS AND SERVICES.
No Indirect Damages. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ANY HORCERY ENTITY BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF, OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, A PRODUCT OR THE SERVICE (INCLUDING ANY MATERIALS OR CONTENT ON THE SERVICE), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SUCH HORCERY ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
Aggregate Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE HORCERY ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS, INCLUDING YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, A PRODUCT OR THE SERVICE (INCLUDING ANY MATERIALS OR CONTENT ON THE SERVICE), WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, IS LIMITED TO THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO HORCERY FOR ANY PRODUCTS PURCHASED WITHIN THE 12 MONTHS PRECEDING THE DATE OF THE APPLICABLE CLAIM.
Risk Allocation. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Horcery shall not be liable for any business losses, including but not limited to loss of profits, revenue, business opportunity, or goodwill, even if such losses result from the inability to use Horcery products or services as intended. Horcery’s products and services are provided for general informational purposes and are not intended to support or replace critical business functions. Any reliance on Horcery products for business purposes is solely at your risk.
Statute of Limitations. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE OR THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE. IF NOT, SUCH CLAIM OR CAUSE OF ACTION WILL BE PERMANENTLY BARRED.
Governing Law and Arbitration. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. BY USING THE SERVICES, YOU AGREE TO RESOLVE ALL DISPUTES WITH HORCERY THROUGH BINDING INDIVIDUAL ARBITRATION. THIS SECTION INCLUDES A WAIVER OF CLASS ACTION AND JURY TRIAL RIGHTS.
Disputes Covered. You and Horcery agree to arbitrate all disputes and claims between us, except for: (i) disputes that may be resolved in a small claims court, so long as the dispute remains an individual claim; and (ii) disputes related to the ownership or enforcement of intellectual property rights. “Dispute” means any claim, dispute, or controversy, whether based in contract, tort, statute, or otherwise, between you and Horcery regarding the Services or this Agreement.
Class Action Waiver. YOU AND HORCERY AGREE TO WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER REPRESENTATIVE PROCEEDING. Disputes must be resolved on an individual basis. Neither you nor Horcery shall pursue any Dispute as a class action, private attorney general action, or other representative action. If this waiver is deemed unenforceable, then the entirety of this arbitration provision will be void.
Small Claims Court. You or Horcery may elect to pursue a Dispute in small claims court instead of arbitration, provided the Dispute qualifies for small claims court and proceeds on an individual basis. If a small claims court claim is filed, no fees will be due to an arbitration forum.
Informal Dispute Resolution. Before initiating arbitration, the claiming party must provide written notice to the other party, detailing the nature of the claim and the specific relief sought. We encourage you to first contact us to attempt to resolve the Dispute informally. Both parties agree to engage in informal dispute resolution efforts, including a conference by teleconference, videoconference, or in person, within 60 days after sending notice of the Dispute. Only if the Dispute remains unresolved after this informal resolution process can arbitration commence.
Arbitration Process and Rules. Disputes not resolved through small claims court or informal resolution shall be settled by binding arbitration administered by the American Arbitration Association (AAA) or another mutually agreed-upon arbitrator. Arbitration shall take place in your local area or by telephone or video conference, as appropriate. The Federal Arbitration Act governs the enforceability of this arbitration provision, and the arbitrator shall have the authority to award any individual relief available in court.
Fees. If Horcery initiates arbitration, it will bear all associated costs. If you initiate, you will be responsible for the initial filing fee, as specified by the AAA or the arbitration provider. Fee waivers may be available, and you should consult the arbitration provider’s website for fee schedules and waiver information.
Settlement Offers and Offers of Judgement. Either party may make a settlement offer or offer of judgment up to 10 days before an arbitration hearing. If the offer is not accepted, and the final arbitration award is less favorable to the other party, that party will be responsible for any fees and costs incurred by the offering party after the offer was made.
Arbitration Agreement Survival. This arbitration agreement shall survive the termination of your relationship with Horcery, including any cancellation or cessation of use of the Services.
Opt Out. You have the right to opt out of this arbitration agreement within 30 days of first agreeing to this provision. To opt out, you must send a written notice to Horcery at privacy@horcery.com, including your name, address, and a clear statement that you wish to opt out of this arbitration agreement. Opt-outs received after this period will not be valid, and the arbitration provisions will apply.
Governing Law. These Terms, the Service, and any dispute, controversy, or claim arising out of, in relation to, or in connection with these Terms or the Service, are governed by the Laws of the State of Florida, without regard to conflict of law principles or case law that would result in the application of the Laws of another jurisdiction.
Scope. Any dispute, controversy, or claim arising out of, in relation to, or in connection with these Terms, including your access to or use of, or your inability to access or use, a Product or the Service (including any materials or content on the Service), shall be settled through binding arbitration administered by the American Arbitration Association (“AAA”), (a) in accordance with its Commercial Arbitration Rules, or (b) alternatively, should the AAA and the arbitrator determine that the AAA Consumer Arbitration Rules apply, in accordance with the Consumer Arbitration Rules.
Authority. Notwithstanding anything to the contrary in these Terms, this arbitration agreement and any arbitration conducted thereunder shall be governed exclusively by the Federal Arbitration Act, Title 9 United States Code, to the exclusion of any state or municipal Law of arbitration. The arbitration shall be conducted before a single arbitrator. The arbitrator will have no authority to award punitive, consequential, or other damages not measured by the prevailing party’s actual damages. The place (legal seat) of arbitration shall be Orlando, Florida. Judgement on the arbitrator’s award may be entered in any court having jurisdiction thereof.
Severability. If any part or parts of this arbitration agreement are found under Law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed, and the remainder of this arbitration agreement shall continue in full force and effect.
Confidentiality. Except as may be required either by Law (including applicable securities Laws) or to enforce any award rendered by the arbitrator or seek relief pursuant to Sections 13.16, neither a party to these Terms nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.
Venue. Subject to the remainder of this Section 13 regarding mandatory arbitration, you and Horcery irrevocably submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Orlando Florida, for resolution of any lawsuit or court proceeding under these Terms. With respect to the foregoing courts, you and Horcery hereby irrevocably and unconditionally waive, and agree not to assert, (a) any claim that they are not personally subject to the jurisdiction of such courts for any reason, and (b) that (i) the suit, action, or proceeding in such courts is brought in an inconvenient forum, (ii) the venue of such suit, action, or proceeding is improper, or (iii) these Terms may not be enforced in or by such courts.
Injunctive Relief. Nothing in this Section 13 will prevent either party from seeking interim injunctive relief against the other party, subject to Section 13.14.
Pre-Release Products; Materials and Services.
Horcery may, at its sole discretion, offer certain customers access to pre-release products or materials for validation and testing purposes. These pre-release materials are provided on an ‘AS IS’ and ‘AS AVAILABLE’ basis and may not be fully functional or meet expected performance standards. Horcery makes no guarantees, express or implied, regarding the quality, reliability, or fitness of pre-release products for any particular purpose, including commercial use. These pre-release materials are not covered by Horcery’s standard warranties or return policy.
By using or testing pre-release materials, you acknowledge and accept that such products may contain defects, errors, or limitations and may not operate as intended. Further terms and specific limitations applicable to pre-release products are covered in the Product Specific Terms. These terms are supplementary to the general terms herein and are designed to address the unique aspects of pre-release usage.
Miscellaneous.
General Terms. These Terms, together with the Additional Terms, are the entire and exclusive understanding and agreement between you and Horcery regarding your use of the Service. No amendment to or waiver of these Terms shall be valid unless in writing and signed by an authorized representative of Horcery. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent, and any attempt by you to do so is void. We may assign these Terms at any time without notice or consent. Failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. We shall not be liable for any failure or delay in performance under these Terms, including the Additional Terms, for causes beyond our reasonable control. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms, the use of the word “including” means “including but not limited to,” the word “or” is not exclusive and shall have the meaning commonly ascribed to the term “and/or,” and the singular includes the plural and vice versa.
Product-Specific Disclaimers. Certain Horcery products may be subject to additional terms, conditions, or disclaimers specific to that product. These product-specific disclaimers are incorporated by reference into these Terms and are binding upon you as part of your use of the Service and associated products. For the Horcery Stall Monitor, please refer to the Product Specific Terms for detailed information regarding operating conditions, maintenance requirements, and limitations on liability.
Insurance. As a user of Horcery Services, including but not limited to hardware, software and data products, you acknowledge and agree that it is your sole responsibility to maintain appropriate insurance coverage for the use, operation, and storage of these Services. This includes insurance that covers potential liabilities, damages, or losses arising from the commercial use of the products in connection with the monitoring or protection of valuable assets or their use in valuable settings. Horcery is not responsible for any loss, damage, or liability resulting from the absence of adequate insurance coverage. By using the Horcery products, you accept full responsibility for obtaining and maintaining such coverage as required by applicable law and consistent with your risk management policies.
Notice of Changes. Horcery reserves the right to update or modify these Terms at any time. We will make reasonable efforts to notify you of any significant changes by posting a notice on our website, sending you an email, or providing an in-app notification. Your continued use of the Service after any changes to these Terms will constitute your acceptance of such changes.
Amendment; No Waiver. We may modify or update any part of these Terms from time to time. We will notify you of significant changes through reasonable means, such as an update on our website, via email, or through an in-app notification. Your continued use of the Service after any such modifications signifies your acceptance of the revised Terms. No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure to assert a right under these Terms shall not constitute a waiver of such right.
Confidentiality. You may receive access to Confidential Information of Horcery or third parties through your use of the Service. You agree to use such Confidential Information only as needed to access or use the Service pursuant to these Terms. You will protect such Confidential Information with reasonable care, at least as protective as you use for your own Confidential Information. If you are required by law or court order to disclose such Confidential Information, you will give reasonable prior written notice to Horcery and will use reasonable efforts to limit the disclosure and protect the confidentiality of the information to the extent possible.
International Data Transfers. Personal data processed by Horcery may be transferred to, and stored and processed in, countries outside of the jurisdiction where it was collected. Such transfers will be conducted in accordance with the Data Processing Agreement and applicable data protection laws.
Term; Termination.
Term. These Terms become binding on you on the date you accept these Terms and shall continue so long as you have an account with us or continue to use the Service unless earlier terminated in accordance with these Terms.
Termination. If you violate any provision of these Terms, you are no longer authorized to use the Service. In addition, Horcery may, at its sole discretion for any reason or no reason, and with or without notice: (i) terminate these Terms; (ii) suspend, disable, or terminate your access to the Service; (iii) suspend, disable, or delete your Horcery account (or any part thereof); or (iv) block or remove any Submission that you submitted. Upon termination, your right to use the Service will cease, and any content you have submitted may no longer be available. Horcery is not responsible for the deletion or loss of any content upon termination.
Effect of Termination/Account Deletion. Upon termination of these Terms: (i) your license rights will terminate, and you must immediately cease all use of the Service; (ii) you will no longer be authorized to access the Service; (iii) Sections 3, 5, 7, 9, 10, 11, 12, 13, 14.6 and the obligations outlined in any product-specific disclaimers will survive. In the event of account deletion for any reason, Submissions may no longer be available, and Horcery is not responsible for the deletion or loss of any such Submissions.
Privacy Policy. Please read our Privacy Policy carefully for information relating to our collection, use, storage, and disclosure of your personal information.
Additional Terms. These Terms hereby incorporate by this reference any additional terms, conditions, policies, rules, or guidelines posted by Horcery through the Service, or otherwise made available to you by Horcery (collectively, the “Additional Terms”). In the event of a conflict between the Additional Terms and these Terms, these Terms will control. The Additional Terms include: Horcery’s Privacy Policy, Horcery’s Subscription Terms, Horcery’s Limited Warranty, and Horcery’s Return Policy.
Consent to Electronic Communications. By using the Service, you consent to receiving certain electronic communications from us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
Contact Information. The Service is offered by Horcery, LLC., located at 9350 Conroy Windermere Road, Windermere, 34786, Florida. If you would like to get in touch with us, please visit support@horcery.com.
No Support. We are under no obligation to provide support for the Products or the Service. Any support provided is at Horcery’s sole discretion and may be subject to additional terms and conditions.
International Use. The Service is controlled and operated from the United States, and Horcery does not intend to subject itself to any non-U.S. jurisdiction or law. The Service may not be suitable or available for use in certain non-U.S. jurisdictions. By accessing the Service from outside the United States, you do so at your own risk and are responsible for compliance with all applicable laws. Accessing the Service from countries, territories, or by individuals where such access is unlawful is strictly prohibited. Horcery reserves the right to limit the Service’s availability, in whole or in part, to any person, geographic area, or jurisdiction at its discretion.
Exception for the European Economic Area (EEA) and the United Kingdom (UK). If Horcery begins to offer services within the European Economic Area (EEA) or the United Kingdom (UK), and if personal data subject to the General Data Protection Regulation (GDPR) or the UK Data Protection Act is processed in connection with these services, such processing will be governed by a Data Protection Addendum (DPA). This DPA, once applicable, will be considered an integral part of these Terms of Service and will govern the handling of relevant personal data. Corporate customers accessing Horcery services involving personal data from the EEA or UK agree to comply with the DPA terms alongside these Terms of Service.
Export Controls. The Service may be subject to import and export Laws in the United States and elsewhere, which may include restrictions on destinations, users, and end use, and you must comply with any and all such import and export Laws that apply in connection with the Service. You represent, warrant, and covenant that you are not: (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; or (b) on any of the U.S. government lists of restricted end users.
Copyright Infringement Claims. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Service infringe your copyright, you (or your agent) may contact Horcery’s registered DMCA Agent as follows: By mail to Horcery Copyright Agent, Copyright Operations, Horcery LLC., 8350 Conroy Windermere Road, Windermere, 34786, Florida; or by email to privacy@horcery.com. Please see Section 512(c)(3) of the DMCA for the requirements of a proper notification. If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your notice may not be effective. If you knowingly materially misrepresent that any activity or material on the Service is infringing, you may be liable to Horcery for certain costs and damages. We suggest that you consult your legal advisor before filing a DMCA notice.
Severability. The provisions of these Terms are intended to be interpreted in a manner that makes them valid, legal, and enforceable. If any provision is found to be partially or wholly invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified or restricted to the extent and in the manner necessary to render it valid, legal, and enforceable, and the remainder of these Terms shall continue in full force and effect.
Entire Agreement, Waiver, Severability. These Terms represent the entire and exclusive agreement between you and Horcery regarding the use of Horcery Services, superseding all prior agreements or understandings, whether oral or written, related to these Services. Horcery’s failure to enforce any right or provision within these Terms does not constitute a waiver of that or any other provision. Should any provision of these Terms be found invalid by a court or tribunal, the remaining provisions will continue in full force and effect, and the invalid provision will be enforced to the maximum extent permitted by law.
Force Majeure. Horcery shall not be liable for any failure to perform its obligations under these Terms due to events beyond its reasonable control, including but not limited to acts of God, war, terrorism, civil unrest, natural disasters, or any other events of force majeure.