These Terms of Use ("Terms") are a legally binding agreement between you and EquiAware ("EquiAware," "we," "our," or "us") and govern your access to and use of the EquiAware mobile application and related websites and services (collectively, the "Application"). By downloading, installing, or using EquiAware, you agree to be bound by these Terms. If you do not agree, please do not use the Application.
Section 01
Acceptance of Terms
By accessing or using EquiAware, you confirm that you are at least 13 years of age, that you have read and understood these Terms, and that you agree to be bound by them. If you are using the Application on behalf of an organisation, you represent that you have the authority to bind that organisation to these Terms.
These Terms apply to all features of the Application — including ride tracking, fall detection, emergency-alert messaging, horse health management, care scheduling, horse sharing and collaboration, live ride sharing, equine education, and any future features we may introduce.
Section 02
Not a Veterinary Service
Important Veterinary Disclaimer
EquiAware is not a veterinary service and does not provide veterinary advice, diagnoses, or treatment recommendations of any kind. All information, health-tracking tools, care reminders, educational content, and scheduling features within the Application are for general informational purposes only and do not constitute professional veterinary advice.
Nothing in the Application should be used as a substitute for consultation with a licensed veterinarian. Always seek the advice of a qualified equine veterinarian with any questions you have regarding your horse's health, soundness, lameness, injury, illness, or medical condition. Never disregard professional veterinary advice or delay seeking it because of something you have read or tracked within EquiAware.
If you believe your horse may be lame, injured, in pain, or otherwise unwell — contact a licensed veterinarian immediately. EquiAware assumes no liability for any harm to your horse resulting from reliance on information or features within the Application.
Section 03
Not a Medical Device
Important Medical Disclaimer
EquiAware does not convert your iPhone, Apple Watch, or any other device into a medical device, and neither the Application nor its services have been cleared, approved, or certified by the U.S. Food and Drug Administration (FDA) or any other regulatory body. The Application does not predict or prevent falls, injuries, or medical events, and must not be used for the diagnosis, treatment, mitigation, or cure of any disease or condition. It is not a substitute for medical care.
You understand that no access to emergency services is provided by using this Application — including no 911 service. The Application cannot contact 911 or any public emergency-response service on your behalf. In a genuine emergency, always call 911 (or your local emergency number) directly.
Section 04
Fall Detection, Emergency Alerts & SMS
EquiAware includes safety features that use your device's motion sensors and GPS to detect potential falls during rides and to send alerts. If a fall is detected and you do not respond within the in-app countdown period — or if you miss a scheduled check-in or trigger a manual SOS — the Application will attempt to send an SMS text message to your designated emergency contacts with your last known GPS location.
Safety Disclaimer — Delivery Is Not Guaranteed
Fall detection and emergency alerts are assistive, supplemental safety conveniences only. They are not a guaranteed emergency-response system and are not a substitute for emergency services (911), proper safety equipment, supervision, or sound personal judgment. There is no guarantee the system will work reliably, due to variables outside our control — including, but not limited to, lack of cellular or internet service, inability to acquire a GPS signal or location, low battery or powered-off devices, carrier message filtering, and user-controlled device settings. Fall detection may fail to detect a genuine fall or may trigger false alarms.
By enabling emergency alerts and adding contacts in the Application, you represent and agree that:
- You have obtained each contact's prior permission to receive SMS alerts from EquiAware on your behalf, and you will inform each contact that EquiAware is the sender.
- SMS delivery depends on cellular networks and our messaging provider and is not guaranteed; messages may be delayed, blocked, or undelivered.
- Message and data rates may apply, charged by the recipient's carrier. Message frequency varies based on the events you trigger.
- Standard STOP and HELP keywords are honored: recipients may opt out at any time by replying STOP, after which no further messages will be sent to that number.
- EquiAware is not liable for any failure, delay, blockage, misrouting, or non-delivery of any alert, or for any outcome arising from such failure.
- Always carry a fully charged phone, let someone know your planned route, and in a genuine emergency call 911 directly.
You acknowledge that emergency alerts must not be relied upon as a primary safety mechanism and that you remain solely responsible for your own safety during any ride. Our SMS messaging terms are described further at equiaware.com/sms.
Section 05
Assumption of Risk
Horseback riding and other equine activities are inherently dangerous and carry a risk of serious bodily injury, including paralysis and death, as well as property damage. These risks arise from, among other things, the unpredictable behaviour of equines, their reactions to sounds, movements, objects, persons, and other animals, surface and terrain hazards, collisions, and equipment failure.
By using EquiAware you voluntarily accept and assume all risks associated with equine activities, ride tracking, fall detection, emergency-alert messaging, and any reliance on information provided by the Application. Use of the Application is at your sole risk, and the entire risk as to satisfactory quality, performance, accuracy, and effort rests with you.
Section 06
Sharing & Collaboration Features
EquiAware allows you to share a horse's profile and care history with other users ("collaborators") and to share a live ride-tracking link with people you choose. By using these features you acknowledge and agree that:
- Horse sharing: Inviting a collaborator gives that person access to the horse's profile and its care records (including rides, appointments, maintenance records, and care notes), and allows them to add care records of their own. You are responsible for choosing whom you invite. The horse's owner may revoke a collaborator's access at any time.
- Live ride sharing: A live-tracking link shows your (and your horse's) real-time location to anyone who has the link while sharing is active. Share these links carefully. Links expire automatically when the ride ends or after a limited time.
- Invitations: When you invite someone by email, you confirm you have a relationship with that person and their consent to be contacted on your behalf.
Section 07
Equine Education Content
The educational content within EquiAware — including lessons, tips, articles, and badge programmes — is provided for general informational and educational purposes only. It does not constitute professional veterinary, medical, nutritional, or training advice.
We strive to ensure our content is accurate and up to date, but we make no warranty regarding the accuracy, completeness, or suitability of the educational content for your specific situation. Always consult a qualified veterinarian or equine professional before making health, training, or management decisions for your horse.
Section 08
Subscriptions & Payments
Certain features of EquiAware require a paid subscription. All purchases are processed by Apple through your Apple ID; EquiAware does not collect or store your payment card details. By subscribing, you agree to the following:
- Billing: Subscription fees are billed in advance on a recurring monthly or annual basis through your Apple ID.
- Auto-Renewal: Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current billing period.
- Free Trial: Where a free trial is offered, it automatically converts to a paid subscription at the end of the trial period unless cancelled beforehand. Unused portions of a free trial are forfeited upon purchasing a subscription.
- Cancellation: You may cancel at any time through your Apple ID account settings. Cancellation takes effect at the end of the current billing period; no partial refunds are issued.
- Refunds: Refunds are handled by Apple in accordance with the App Store terms and are generally not provided except where required by law.
- Price Changes: We reserve the right to change subscription pricing with reasonable advance notice.
Section 09
User Accounts & Responsibilities
You must create an account to access core features. By using EquiAware, you agree to:
- Provide accurate, current, and complete information when registering and using the Application
- Keep your account credentials secure, not share them with others, and notify us immediately of any unauthorized account use
- Accept responsibility for all activity that occurs under your account
- Use the Application only for its intended, lawful purposes and in compliance with all applicable laws
- Not upload false, misleading, or fraudulent equine or personal data, or impersonate any person or entity
- Not attempt to reverse-engineer, copy, modify, or exploit any part of the Application, interfere with its operation, attempt unauthorized access to it or to other users' accounts, or use bots or scrapers to collect data from it
- Not transmit harmful, offensive, or unlawful content
- Ensure that emergency contacts and collaborators you add have consented to being contacted by EquiAware on your behalf
We reserve the right to suspend or terminate accounts that violate these Terms.
Section 10
User Content & Intellectual Property
Your content. You retain ownership of the data and content you enter into the Application. By submitting content, you grant EquiAware a limited, non-exclusive license to store, process, and transmit it solely to provide the Application's services to you — including syncing it across your devices and sharing it with the collaborators and contacts you designate. You confirm that your content does not infringe any third-party rights.
Our content. All other content, features, trademarks, logos, designs, educational lessons, graphics, and software within EquiAware are the intellectual property of EquiAware or its licensors and are protected by applicable copyright, trademark, and other intellectual-property laws. You receive a limited, non-exclusive, non-transferable, revocable license for personal, non-commercial use of the Application. You may not reproduce, distribute, modify, sell, or create derivative works from any part of the Application without our express written permission.
Section 11
Apple App Store Terms
The Application is distributed through the Apple App Store. You acknowledge and agree that:
- These Terms are between you and EquiAware only — not with Apple Inc. ("Apple"). EquiAware, not Apple, is solely responsible for the Application and its content.
- Your license to use the Application is limited to a non-transferable license to use it on Apple-branded devices that you own or control, as permitted by the App Store Terms of Service.
- Apple has no obligation to furnish any maintenance or support services for the Application.
- In the event of any failure of the Application to conform to an applicable warranty, you may notify Apple, and Apple may refund the purchase price; to the maximum extent permitted by law, Apple has no other warranty obligation with respect to the Application.
- Apple is not responsible for addressing any claims by you or any third party relating to the Application, including product-liability claims, claims that the Application fails to conform to legal or regulatory requirements, and consumer-protection or similar claims.
- Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
- You represent that you are not located in a country subject to a U.S. Government embargo and are not on any U.S. Government list of prohibited or restricted parties.
Section 12
Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY LAW, THE APPLICATION AND ALL RELATED SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED — INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APPLICATION WILL OPERATE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ALERTS WILL BE DETECTED, SENT, OR DELIVERED.
Section 13
Limitation of Liability
To the fullest extent permitted by law, EquiAware — and its owners, officers, employees, developers, affiliates, agents, and licensors — shall not be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages arising from or related to your use of, or inability to use, the Application, including but not limited to:
- Any injury, accident, death, or property damage occurring during or in connection with a ride or any equine activity, regardless of whether fall detection was active
- Harm to any horse resulting from reliance on health information, care reminders, or educational content within the Application
- Any failure, delay, blockage, misrouting, or non-delivery of an emergency SMS alert, regardless of cause
- Any failure of fall detection, missed-check-in monitoring, or manual SOS to detect, trigger, or escalate an event — including false positives and false negatives
- Inaccurate GPS or location data, ride statistics, or any other information presented by the Application
- Loss of, unauthorized access to, or alteration of your data, or other technical failures
- Any act or omission of a third party, including cellular carriers, SMS providers, payment processors, and cloud-hosting providers
- Any decision made or action taken based on information provided within the Application
Liability cap. Our total cumulative liability to you for any and all claims arising from or related to the Application or these Terms — whether in contract, tort, negligence, strict liability, statute, or any other theory — shall not exceed the total amount you actually paid to EquiAware for the Application (including subscription fees paid through the App Store) during the twelve (12) months immediately preceding the event giving rise to the claim. If you have paid nothing for the Application, our total aggregate liability shall be zero U.S. dollars ($0). In no event shall our liability exceed the amount you have paid for the Application.
This limitation applies regardless of whether EquiAware has been advised of the possibility of such damages and even if any limited remedy is found to have failed of its essential purpose. Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for certain damages; in those jurisdictions, our liability is limited to the maximum extent permitted by law. Your use of EquiAware is at your own risk.
Section 14
Indemnification
You agree to defend, indemnify, and hold harmless EquiAware and its owners, officers, employees, affiliates, agents, and licensors from and against any claims, losses, damages, liabilities, and expenses (including reasonable attorneys' fees) arising from your use of the Application, the content you submit, your violation of these Terms, or your infringement of any third-party rights.
Section 15
Termination
We reserve the right to suspend or terminate your access to EquiAware at any time, with or without notice, if we believe you have violated these Terms or if continued access is not in the best interests of the Application or its users. Upon termination, all licenses granted to you cease immediately.
You may terminate your use of the Application at any time by uninstalling it from your device and cancelling any active subscription through your Apple ID settings. Provisions concerning intellectual property, disclaimers, assumption of risk, limitation of liability, and indemnification survive termination.
Section 16
Governing Law & Disputes
These Terms are governed by and construed in accordance with the laws of the State of Florida and the United States, without regard to conflict-of-law principles. Before filing any claim, you agree to first contact us at support@equiaware.com and attempt in good faith to resolve the dispute informally. Any disputes that cannot be resolved informally shall be subject to the exclusive jurisdiction of the competent courts located in Florida.
Section 17
Changes to These Terms
We may update these Terms of Use at any time. Material changes will be posted within the Application or on this page and, where appropriate, communicated via email or in-app notification. Continued use of the Application following any changes constitutes your acceptance of the revised Terms. If you do not agree with updated Terms, you must stop using the Application.
Section 18
General Provisions
- Entire agreement: These Terms, together with our Privacy Policy and SMS Terms, constitute the entire agreement between you and EquiAware regarding the Application.
- Severability: If any provision of these Terms is held unenforceable, the remaining provisions remain in full force and effect.
- No waiver: Our failure to enforce any provision is not a waiver of our right to do so later.
- Assignment: You may not assign these Terms without our prior written consent; we may assign them in connection with a merger, acquisition, or sale of assets.