Terms and Conditions

General

The mobile application BLACKDOG Equestrian Biomechanics is an integrated biomechanics and training resource for horses and riders. These terms of service apply to and govern your use of the BLACKDOG Equestrian Biomechanics, including any services provided, through or in connection with the BLACKDOG Equestrian Biomechanics.

The biomechanics system available through BLACKDOG Equestrian Biomechanics uses innovative technology to automatically extract vital information about your riding – provided that BLACKDOG Equestrian Biomechanics is used in accordance with all instructions given. You will be able to chart your performance through key metrics. Full details are available through the application.

By downloading or using the BLACKDOG Equestrian Biomechanics, you confirm that you have read, understood and agree to be bound by these Terms and warrant that you have the legal capacity to accept these Terms. You also confirm that all personal data and information that you provide to us are correct and complete.

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You will require internet access in order to process videos in the BLACKDOG Equestrian biomechanics system and for accessing new content. Once downloaded to your handset, you will have offline access to all biomechanics results and other content.

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You will need to register an account and subscribe to the service to access the full content of the app.

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Mobile  Application End-user Licence Agreement

PLEASE READ THESE LICENCE TERMS CAREFULLY

BY BUYING THE APP YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS DO NOT DOWNLOAD THE APP.

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Who we are and what this agreement does

We, BLACKDOG biomechanics Ltd license you to use:

• BLACKDOG Equestrian Biomechanics mobile application software (App) and any updates or supplements to it.

as permitted in these terms.

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Your privacy

We only use any personal data we collect through your use of the App and the Services in the ways set out in our privacy policy, which can be found here.

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Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

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APPLE APP STORE’S terms also apply

The ways in which you can use the App and Documentation may also be controlled by the App Store's rules and policies (here) and the App Store's rules and policies will apply instead of these terms where there are differences between the two .

GOOGLE PLAY’S terms also apply

The ways in which you can use the App and Documentation may also be controlled by Google Play’s rules and policies (here) and Google Plays rules and policies will apply instead of these terms where there are differences between the two .

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Operating system requirements

This app requires a that Android devices run version 4.1 and up and iPhone users run version iOS 13.0 or later.

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Support for the App and how to tell us about problems

Support. If you want to learn more about the App or the Service or have any problems using them please take a look at our support resources at www.blackdogequestrian.com.

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Contacting us (including with complaints). If you think the App or the Services are faulty or misdescribed or wish to contact us for any other reason please email our customer service team at apps@blackdogbiomech.com .

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How we will communicate with you

If we have to contact you we will do so by email.

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How you may use the App, including how many devices you may use it on

In return for your agreeing to comply with these terms you may:

• download or stream a single copy of the App and view, use and display the App and the Service on such devices for your personal purposes only.

• use any Documentation to support your permitted use of the App and the Service.

• receive and use any free supplementary software code or update of the App incorporating "patches" and corrections of errors as we may provide to you.

You must be 18 to accept these terms and buy the app

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You may not transfer the App to someone else

We are giving you personally the right to use the App and the Service as set out above. You may not otherwise transfer the App or the Service to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.

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You must create an account to access the full content of the app

To use the Services, you must create a user account ("Account") and log in to the app. You will need a valid email address to create an Account. To register for an Account, you will be asked your full name, your email address and for a password. No other personal information will be collected. Our privacy notice can be found here. Your user account is personal and you may not transfer your account to any third party. You are responsible for protecting your login information from unauthorized access, and you will not (intentionally or negligently) disclose your login information to any third party or otherwise allow any third party to use your user account or access to the App. You will have the option to send results of your biomechanics assessments to third parties. This email will be sent from the email account of your choice to the email address that you enter in the dialog box and will contain your full name along with the results of your biomechanics assessments. You will also have the option to share biomechanics results and training layouts that you, personally have added to the app with other users. Similarly, other users can share results and training layouts directly with you within the app. You can control who is permitted to share such materials with you. On first sharing, a dialogue box will appear with the name of the potential sharer. You will have the option of accepting shared materials from that user or blocking that user. These settings can be changed at any time by accessing the list of shared/blocked users from the "My Account" page and then the "Results Sharing" section accessed via the manage sharing button. Note that materials already shared by a user marked as trusted may still appear on your app even if you subsequently block the user.

Your Account may only be used by you, and shall not be transferred to another person. If you have reason to believe that any third party has gained access to your Account, please notify us immediately (apps@blackdogbiomech.com). We have the right, but not the obligation, to suspend access to your user account if we have reason to believe that any third party has been granted unauthorized access to your user account. Please note that we have the right to close your user account if it has been inactive for a period of 365 consecutive days.

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Subscription

To enable access to new content in the BLACKDOG Equestrian Biomechanics App and to upload videos for biomechanics analysis, you will need a subscription. There are four types of subscriptions: Basic Monthly, Basic Annual, Premium Monthly and Premium Annual. Exact pricing will vary based on your region due to currency and taxation rates. The correct price for your region will be displayed to you via the Subscription page within the BLACKDOG Equestrian Biomechanics App. The access and features granted by each of these four subscription options (and the free-tier access) are clearly laid out on the Subcriptions page of the App as well as the App Pricing plan within this website.

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If you choose to subscribe to the App, your purchase will be charged to your account on the AppStore when you confirm your purchase. The subscription will renew automatically 24 hours before it expires. You can manage it from Subscriptions on your account in App Store or Google Play after purchase (there is a direct link to these pages within the Subcription page via the "Manage" button. Note that uninstalling the app or terminating your account does not automatically stop a subscription you have to the App. You must actively cancel your subscription. Your subscription cannot be canceled before the period is over, that is, if you have purchased a subscription for a month and terminate your subscription, it will only end when the month is over. BLACKDOG cannot unsubscribe for you, but must be done via App Store or Google Play. Go to your account and Subscriptions and select Manage. More info is available on App Store or Google Play. You can cancel your subscription at any time. Your subscription will continue to work until the subscription period ends. After your subscription has ended, you will retain access (free of charge) to all content and results aquired during the period of your subscription.

Some subscriptions have a quota on the number of uploads you have left for biomechanics assessment. Your usage is displayed on the Subscription and Upload screens. We endeavour to keep this list as accurate as possible. As soon as a video is submitted, it counts as an upload. However, if a video fails to upload correctly or fails to process fully, it will be considered as failed and it will not count towards your quota. Note that it may take 30 minutes for a failed video to be reimbursed to your quota. If you feel that that your usage quota is inaccurate, please email apps@blackdogbiomech.com with "Quota issue" as the subject line. Please include your name, the email address that you registered with and the reference name (s) of the video (s) that have not processed successfully. Note that upload times and the processing time can vary depending on the quality of the internet and the size of the video. 

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Changes to these terms

We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.

We will give notice of any change by sending you an email with details of the change or notifying you of a change when you next start the App.

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If you do not accept the notified changes you will not be permitted to continue to use the App and the Service and you may apply to the App Store or Google Play for a refund, which will reflect the period the App and the Service have been available to you prior to cancellation.

Update to the App and changes to the Service

From time to time we may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the App for these reasons.

If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Services.

The App will always work with the current or previous version of the operating system (as it may be updated from time to time) and match the description of it provided to you when you bought it.

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If someone else owns the phone or device you are using

If you download or stream the App onto any phone or other device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.

We may collect technical data about your device

By using the App or any of the Services, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products and to provide any Services to you.

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We are not responsible for other websites you link to

The App or any Service may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).

You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.

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License restrictions

You agree that you will:

• not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Services in any form, in whole or in part to any person without prior written consent from us;

• not copy the App, Documentation or Services, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;

• not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, Documentation or Services nor permit the App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in these terms;

• not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by you during such activities:

• is not disclosed or communicated without the Licensor's prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and

• is not used to create any software that is substantially similar in its expression to the App;

• is kept secure; and

• is used only for the Permitted Objective;

• comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.

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Acceptable use restrictions

You must:

• not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Service or any operating system;

• not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including by the submission of any material (to the extent that such use is not licensed by these terms);

• not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;

• not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and

• not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.

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Intellectual property rights

All intellectual property rights in the App, the Documentation and the Services throughout the world belong to us and the rights in the App and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, the Documentation or the Services other than the right to use them in accordance with these terms.

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Our responsibility for loss or damage suffered by you

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

We are not liable for business losses. The App is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Limitations to the App and the Services. The App and the Services are provided for general information and entertainment purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App or the Service. Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.

Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Service.

Check that the App and the Services are suitable for you. The App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Services (as described on the appstore site and in the Documentation) meet your requirements. As every horse and rider are unique, we advise you to consult a veterinary or other expert before you make any key decisions regarding your horse based on any information presented in the App. Before starting any new exercise or training regime, we advise you to consult a physician, doctor, physiotherapist or other expert.

We are not responsible for events outside our control. If our provision of the Services or support for the App or the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Services you have paid for but not received.

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We may end your rights to use the App and the Services if you break these terms

We may end your rights to use the App and Services at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.

If we end your rights to use the App and Services:

• You must stop all activities authorised by these terms, including your use of the App and any Services.

• You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.

• We may remotely access your devices and remove the App from them and cease providing you with access to the Services.

We may transfer this agreement to someone else

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

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You need our consent to transfer your rights to someone else

You may only transfer your rights or your obligations under these terms to another person if we agree in writing.

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No rights for third parties

This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

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If a court finds part of this contract illegal, the rest will continue in force

Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

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Even if we delay in enforcing this contract, we can still enforce it later

If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

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Which laws apply to this contract and where you may bring legal proceedings

These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

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