TERMS OF SERVICE

Last updated: 21.12.2024

Welcome to RealHorse!

We are thrilled to have you as a user of our mobile application dedicated to helping horse owners monitor their horses' soundness. Please take a moment to review these Terms of Service, as they outline the conditions that govern your use of RealHorse.

  1. GENERAL

1.1. RealHorse is a mobile application designed to assist horse owners in monitoring their horses' movement symmetry using advanced computer vision technology. RealHorse is provided by KeyDiagnostics, a Danish limited liability company registered under VAT number DK38109286 ("KeyDiagnostics," "we," or "us"). These Terms of Service (these "Terms") apply to and govern your use of RealHorse, including any services provided through or in connection with the application. You can find more information about KeyDiagnostics and RealHorse on our website at www.realhorse.com.

1.2. RealHorse utilizes cutting-edge technology to analyze your horse's movements and extract essential information about the movement. By utilizing the data generated, RealHorse offers valuable metrics and insights related to your horse’s movement and especially in relation to movement symmetry, which can be used to monitor the existence of potential lameness causing asymmetric movement and monitor the development of a horse’s movement symmetry over time. You can also share your horse’s movement data with other users of RealHorse and experts/veterinarians, who can advise you on how to read the data and guide you in how to react to the data.

1.3. The information derived from your horse's movements and other RealHorse usage is continuously updated, even when your device is offline. We recommend keeping your device online to ensure you receive a comprehensive summary of your RealHorse data and the best user experience. It's essential to maintain accurate information about yourself and your horse to obtain the most precise insights from RealHorse.

1.4. By downloading or using RealHorse, you acknowledge that you have read, understood, and agreed to abide by these Terms. You also confirm that you possess the legal capacity, such as being at least 18 years old or obtaining permission from your legal guardian, to accept these Terms. Additionally, you affirm that all personal data and information you provide to us are accurate and complete. Please note that we have a separate Privacy Policy that outlines how we handle personal information.

  1. USER ACCOUNT

2.1. To utilize RealHorse, you must create a user account (your "Account"). During the registration process, you will be required to provide necessary information, and it is your responsibility to ensure the accuracy of this information. You must be at least 18 years old to create an Account. If you are under 18 years old, you must obtain permission from your legal guardian. Account creation options include using your Apple, Google, Facebook, or other Third-party accounts (“Third-party accounts”) or email address. Access to RealHorse requires signing into your Account.

2.2. When signing in using Third-party accounts, they will provide the necessary information for your Account creation while also accessing information related to your login. You may not use someone else's Third-party account to log in, and multiple accounts for a single user are not allowed.

2.3. To begin and receive RealHorse's metrics, you must provide and regularly update information about yourself and your horse. This information enhances your ability to monitor your horse's movement.

2.4. You have the option to share your information with other RealHorse users, such as experts or veterinarians, with the Premium and Unlimited subscriptions in order to have other users guide you in how to read the movement data and how to react.

2.5. Expert Consultation and Chat Functionality

RealHorse includes a chat function that allows you to communicate with our in-app experts or veterinarians. This chat service is intended for personal, non-commercial use (advertising is prohibited) and requires an active internet connection.

Access to Expert Consultations:

Premium and Unlimited Subscribers: With your Premium or Unlimited subscription, you are entitled to one consultation per week with our in-app experts. This includes your initial inquiry and any necessary follow-up messages related to that specific issue.

Chat Answering Frequency:

Our experts aim to respond to your messages within 24-48 hours during normal office hours. While we strive to address your concerns promptly, response times may vary based on expert availability and the complexity of your inquiry. We cannot guarantee immediate or timely responses in all cases.

Unlimited Subscription Note:

The term "Unlimited" refers to the number of horses you can manage under your subscription, not the number of consultations.

2.5.2 Reservation of Rights:

Modification of Consultation Availability:

We reserve the right to modify or discontinue the provision of one consultation per week at any time, without prior notice. This may include changes to the number of consultations provided, response times, or other aspects of the chat service. We will endeavor to inform you of significant changes, but it is your responsibility to review these terms periodically for updates.

2.5.3 Expert Access to Your Data:

Your expert can view all the analysis data you have allowed them to see. You can manage these permissions in the Vet Profile section of the app.

2.5.4 Guidelines for Using the Chat Service:

  • Be Thorough in Your Initial Message: Include all relevant details and specific questions about your concern. This helps our experts provide comprehensive assistance more efficiently.
  • Check In-App Resources First: Before reaching out, please explore the Analysis section of the app, where expandable information drawers offer detailed explanations and answers to common questions. You might find immediate answers there. Additionally, our FAQ section provides solutions to frequently asked questions.

2.5.5 Important Note:

While our experts are here to help interpret your horse's data and provide guidance, they cannot offer a formal diagnosis remotely. For a thorough assessment of your horse's health, we recommend consulting your local veterinarian. You can easily share a detailed summary PDF of your horse's analysis with your vet directly from the app by tapping the settings wheel in the corner of any analysis summary.

2.5.6 Limitation of Liability:

We endeavor to provide accurate and helpful information; however, RealHorse and its experts are not liable for any outcomes resulting from the use of the chat service. Users are responsible for seeking professional veterinary advice for diagnoses and treatments.

2.6. If you share an account with a Premium subscription, you will share all personal and horse-related information with the other user.

  1. USE OF REALHORSE

3.1. We are not responsible for any unauthorized access to your Account resulting from negligence on your part (e.g., failing to secure your account or login information). Your Account is for your exclusive use and may not be transferred to another person. If you become aware of any unauthorized access to your Account or RealHorse, you must notify us as soon as possible.

3.2. You may not use RealHorse to publish content that constitutes a crime or infringes upon any third-party intellectual property rights.

3.3. You are fully responsible for all actions related to the use of your Account, ensuring it complies with these Terms and applicable laws. Content that we deem indecent, abusive, or offensive, as determined at our sole discretion, may be removed, and your account may be terminated without prior notice. We reserve the right to suspend or terminate your account for breaches of these Terms or applicable laws. In cases involving criminal activity, we will cooperate with law enforcement and other authorities.

3.4. The use of technology that may harm RealHorse or the dissemination of malicious technologies (e.g., malware, viruses, worms, Trojan horses, spyware, or other potentially harmful software) is strictly prohibited. You may not copy, decompile, or make changes to RealHorse.

3.5. You agree to defend, indemnify, and hold KeyDiagnostics and any employees and contractual officers of KeyDiagnostics, RealHorse harmless from all liabilities, claims, and expenses related to your use or misuse of RealHorse, your violation of these Terms, your gross negligence, or your infringement of any intellectual property or other rights of any person or entity.

  1. FEES AND PAYMENT

4.1. RealHorse (Basic Plus subscription plan) is available for free for the first 7 days following your Account registration. To continue using RealHorse after this trial period, you must select one of the subscription plans presented within the app.

4.2. We may occasionally offer special features or deals through RealHorse, such as extended features and reduced fees. All applicable fees are continuously updated and available in our price list, accessible on Google Play Store and App Store.

4.3. Fee reductions do not affect your obligation to pay the agreed-upon and/or already paid fees. Payments are final and non-refundable.

4.4. Unless otherwise specified, payment must be made in advance. Failure to make timely payments may result in limitations or restrictions on your access to RealHorse.

4.5. KeyDiagnostics utilizes third-party payment methods through Google Play Store and App Store. We are not responsible for any technical errors or difficulties related to the payment method.

  1. REPRESENTATIONS AND WARRANTIES

5.1. RealHorse is provided "as is" and "as available" to the extent permitted by law, without any representations or warranties of any kind, expressed or implied, including but not limited to merchantability, fitness for a particular purpose, quiet enjoyment, or non-infringement.

5.2. While we make every effort to ensure RealHorse meets your expectations, KeyDiagnostics does not guarantee that:

  • RealHorse will: (i) meet your requirements or expectations; (ii) be available on an uninterrupted, secure, or error-free basis; or (iii) avoid latency or processing delays. KeyDiagnostics disclaims responsibility for the accuracy, timeliness, reliability, truthfulness, or completeness of any information obtained through RealHorse. We are not responsible for content published by other users relating to RealHorse or content on linked sites. No oral or written information will create any warranty or representation not expressly made herein.

5.3. Your use of RealHorse is at your own risk. By agreeing to these Terms, you waive the right, to the extent allowed by law, to claim damages resulting from your use of RealHorse or KeyDiagnostics' failure to provide RealHorse satisfactorily.

5.4. The exclusions and disclaimers mentioned above are integral parts of these Terms and provide the basis for our offering of RealHorse. Some jurisdictions' laws may not allow the exclusion or limitation of certain warranties or damages. If such laws apply to you, some or all the disclaimers mentioned may not fully apply, and you may have additional rights.

5.5. (Note: Section numbering appears to skip from 5.4 to 6. If 5.5 is intended, ensure proper numbering.)

  1. CHANGES, UPDATES, ETC.

6.1. We reserve the right, at any time, to update, change, modify, suspend provision of, or withdraw RealHorse without incurring any liability. These Terms apply to any updates made to RealHorse, including additional features or modifications.

6.2. We aim to always keep RealHorse available and meet your expectations. To achieve this, we may, without prior notice, perform updates and changes, as well as add or remove content and features within RealHorse. This may temporarily affect your access to RealHorse, but we will make every effort to restore your access as quickly as possible.

6.3. Factors beyond our control may disrupt or affect all or part of RealHorse or its features. If you encounter such disruptions, please contact us.

  1. SUPPORT

7.1. If you experience technical issues or difficulties accessing RealHorse or its components, please contact us at info@keydiagnostics.com. We will make every effort to address your concerns and respond to your questions promptly.

  1. INTELLECTUAL PROPERTY

8.1. All information, software, data, or other materials developed or provided by us or our licensors for use in providing RealHorse, including all intellectual property rights (such as but not limited to copyright, trademarks, trade names, or trade dress), shall remain the exclusive property of KeyDiagnostics or its licensors.

8.2. When you download RealHorse, you receive a non-exclusive, non-transferable, and revocable license, charged by subscription fees, for its use in accordance with these Terms. Any use of RealHorse beyond the scope expressly authorized herein, without prior written permission from us, is strictly prohibited and will result in automatic termination of the license granted herein.

8.3. You may not sell, license, rent, sublicense, modify, make changes to, distribute, copy, reproduce, transmit, publicly display or perform, publish, adapt, edit, disassemble, decompile, or create derivative works of RealHorse without our prior written consent.

  1. LIMITATION OF LIABILITY

9.1. While we strive to provide precise information through RealHorse, we do not guarantee the accuracy of metrics, statistics, or other information presented in the app. You bear full responsibility for your use of RealHorse, and any actions taken as a result of the information you receive through it. You acknowledge that all metrics, statistics, and other information presented in RealHorse are dependent on the data you provide and should not be considered professional advice regarding your horse.

9.2. As each horse and rider are unique, we strongly advise consulting with a veterinarian or other experts before making any significant decisions concerning your horse based on information presented in RealHorse. The consulting veterinarian or expert may use RealHorse data to advise you, but RealHorse is not responsible for any advice you take.

9.3. (a) RealHorse provides the ability to communicate with veterinarians and other experts, but RealHorse is not a licensed veterinary practice and any information offered by any experts through this Site or in the course of communications as part of data analysis, chat or video consulting services is not intended to diagnose, treat or cure your horse and is not a substitute for veterinary care provided by a licensed veterinarian, but is simply aimed at helping you interpret the result of your RealHorse analysis. For any medical or health-related advice concerning the care and treatment of your horse, contact your veterinarian or local equine hospital.

(b) Any advice provided by a veterinary professional on the RealHorse platform is for your decision support purposes only (i.e., to assist you in making your veterinary medical decision). The Services are not a substitute for an in-person evaluation of your horse by a veterinary doctor or other expert.

Communications with veterinary professionals through the Services are inherently limited and do not include safeguards and procedures typical of in-person evaluations and visits. No client-professional relationship shall be formed between you and us as a result of you using the Services. Communications with any professionals through the Services are not confidential and shall not be the subject of any associated privileges. The laws, regulations, other governing authorities, standards, practices, and procedures that apply to your particular question or situation may differ depending on your location and information typically discovered through in-person evaluation. Veterinary professionals available through the Services may be licensed, certified, educated, employed by, or have experience in only particular jurisdictions or within particular fields. In case the professionals are self-employed or employed at other veterinary practices, these self-employed veterinarians or veterinary practices are not liable to any advice given on the RealHorse platform.

9.4. You agree that KeyDiagnostics and its affiliates will not be liable to you or any third party for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses (even if KeyDiagnostics and its third-party application providers have been advised of the possibility of such damages). These damages may result from (i) your use or inability to use RealHorse; (ii) the cost of obtaining substitute goods and services resulting from products, data, information, or services purchased or obtained, or messages received or transactions entered into through or from RealHorse; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of anyone in connection with the use of RealHorse; or (v) any other matter related to RealHorse.

9.5. (a) Horses are dangerous animals and you acknowledge that any use of RealHorse while in contact with a horse may have an effect on the attention you have on the horse and the surroundings. It is your sole responsibility to operate the RealHorse app safely for you, other people, and your surroundings and you cannot hold RealHorse responsible for your personal choice to use your phone while in contact with any horse.

(b) Horses are expensive animals, and you acknowledge that any use of RealHorse while in contact with a horse may have an effect on the attention you have on the horse and the surroundings. It is your sole responsibility to operate the RealHorse app safely for your horse and you cannot hold RealHorse responsible for your personal choice to use your phone while in contact with any horse.

9.6. Except in cases of gross negligence on our part, RealHorse shall be exempt from liability for breaches of these Terms resulting from circumstances beyond our control.

  1. COMMUNICATION

10.1. We may periodically send emails and push notifications to you, including newsletters, offers, and other information you might find useful. You can easily disable push notifications in your device settings or unsubscribe from future mailings by following the instructions provided in our emails.

10.2. To ensure you receive important information, please always keep your contact information up to date. All communications related to RealHorse may occur electronically, such as through email or within the RealHorse interface. We will inform you of changes to these Terms via email or within the RealHorse application.

  1. CHANGES AND TERMINATION

11.1. We may update these Terms of Service periodically to reflect changes in RealHorse. You will be informed of significant changes, but we recommend reviewing these Terms of Service periodically for awareness of any amendments.

11.2. These Terms remain in effect until terminated. You can terminate these Terms at any time by deleting RealHorse from your mobile device. Termination of these Terms will not affect any remedies owed to KeyDiagnostics at the time of termination.

11.3. KeyDiagnostics reserves the right, without prior notice and with immediate effect, to modify, limit, suspend, or terminate your access to RealHorse and/or these Terms for any reason.

11.4. Any license granted to you will cease upon termination of these Terms. Notwithstanding the above, Sections 3, 6, and 7 shall survive the termination of these Terms.

  1. GOVERNING LAW AND DISPUTE RESOLUTION

12.1. These Terms shall be construed in accordance with and governed by the substantive laws of Denmark, excluding the applicability of the United Nations Convention on Contracts for the International Sale of Goods (CISG).

12.2. Any dispute, controversy, or claim arising out of or in connection with your use of RealHorse or these Terms, or their breach, termination, or invalidity, shall be resolved by public Danish courts, with Helsingør Byret (Elsinore City Court) as the first instance.

  1. PERSONAL DATA

13.1. For detailed information on how we process your personal data, please refer to our Privacy Policy.