Terms of Service for the use of the mobile application TöltSense.
We recommend you read these terms of service before using the application, as they explain the terms that apply to your use of TöltSense.
1. GENERAL
1.1. The mobile application TöltSense (“TöltSense”) is a horse and rider training system used with or without an external sensor kit. Primarily it is aimed at the Icelandic horse community but will ultimately be applicable to all gaited horses and non-gaited horses alike.
TöltSense is provided by TöltSense Ltd, a British company with registration number 13804950 (“ToltSense”, “we” or “us”). These terms of service (these “Terms”) apply to and govern your use of TöltSense, including any services provided, through or in connection with TöltSense. You can read more about us and TöltSense on our website https://www.toltsense.com.
1.2. TöltSense measures the movements of your horse by using innovative technology and automatically extracts vital information about your riding – provided that TöltSense is turned on and used in accordance with all instructions given. By analyzing the data extracted from your riding, TöltSense provides you with metrics and other information related to your training and personal goals.
1.3. By downloading or using TöltSense, you confirm that you have read, understood and agree to be bound by these Terms and warrant that you have the legal capacity (e.g. that you are at least 18 years old or have the permission of your legal guardian) to accept these Terms. You also confirm that all personal data and information that you provide to us are correct and complete. Please note that we have a separate privacy policy which describes how we process personal information.
2. USER ACCOUNT
2.1. In order to use TöltSense you have to create a user account (your “Account”). The information required to register your Account will be asked of you during the registration process, and you are responsible for entering correct information. In order to create an Account, you must be at least 18 years old. If you are under 18 years old, you must have received permission to create an Account from your legal guardian. You can create an Account by using your Social (Facebook, Google, or Apple) account, or you can create an account directly with us using your email address. You have to sign in to your Account in order to use TöltSense.
3. USE OF TöltSense
3.1. We are not liable for any unauthorised access to your Account due to your negligence (e.g. by not keeping your account or login information secure). Your Account may only be used by you, and shall not be transferred to another person. If you become aware of any unauthorised access to your Account or TöltSense, you shall inform us as soon as possible.
3.3. You are responsible for all actions relating to the use of your Account and you shall ensure that the Account is used in accordance with these Terms and applicable laws. We reserve the right to terminate or suspend your account without prior notice if you commit a breach against these Terms or applicable laws. We cooperate with the police and other authorities if you commit a criminal act.
3.4. You may not use technology that may harm TöltSense, or use TöltSense to spread malicious technologies, e.g. malware, viruses, worms, Trojan horses, spyware, or other potentially harmful software, material or information. You may not copy, decompile or otherwise make changes to or in TöltSense.
3.5. You agree to defend, indemnify, and hold TöltSense Ltd harmless from all liabilities, claims and expenses that are caused or can be related to your use or misuse of TöltSense, violation of these Terms, your gross negligence or infringement of any intellectual property or other right of any person or entity by you.
4. FEES AND PAYMENT
4.1 You will be able to use TöltSense (sensorless version) free of charge following the registration of your Account. Trial periods using an external sensor kit will also be free of charge, but after this trial a monthly subscription will be payable. We reserve the right to begin charging for other services found within the app in the future, even if those services were once free of charge.
4.2 We may from time to time offer special features or deals through TöltSense, such as extended features and reduced fees. All applicable fees are continuously updated and presented in our price list, which you find in Google Play Store and App Store.
4.3 Reductions of fees do not affect your obligation to pay the fee agreed upon and/or already paid by you. Payments are definitive and non-refundable.
4.4. Unless otherwise specified, payment shall be made in advance. We may limit or restrict your access to TöltSense or parts of TöltSense if payment is not made when due.
4.5. TöltSense Ltd uses third-party payment methods via Google Play Store and App Store. We are not responsible for any technical errors or difficulties related to the payment method.
5. REPRESENTATION AND WARRANTIES
5.1 TöltSense is provided, to the extent allowed under law, “as is” and “as available” 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. We do our best to make sure that TöltSense meets your expectations. However, TöltSense Ltd does not warrant that TöltSense will (i) meet your requirements or expectations; (ii) be available on an uninterrupted, secure or error-free basis; or (iii) not cause any latency or processing delays. TöltSense Ltd does not warrant the accuracy, timeliness, reliability, truthfulness, or completeness of any information obtained through TöltSense and does not take responsibility for content published in or through TöltSense by other users or content on linked sites in TöltSense. No information, whether oral or written, will create any warranty or representation not expressly made herein.
5.3. Your use of TöltSense is at your own risk and account. By agreeing to these Terms you waive, to the extent allowed under law, all rights to claim damages as result of your use of TöltSense or TöltSense Ltd’s failure to provide TöltSense in a satisfying manner.
5.4. The foregoing exclusions and disclaimers are an essential part of these Terms and form a basis enabling us to offer TöltSense to you. The laws of certain jurisdictions do not allow exclusion or limitation of certain warranties and/or damages. If those laws apply to you, some or all of the above disclaimers may not apply to you in full and you may have additional rights.
6. CHANGES, UPDATES etc.
6.1. We reserve the right to, at any time, update, change, modify, suspend provision of or withdraw TöltSense without incurring any liability whatsoever. These Terms shall apply to any updates made to TöltSense, such as additional features or modifications.
6.2. We strive to keep TöltSense available at all times and to meet your expectations. To achieve this, we are entitled to, without prior notice, perform updates and changes as well as removing or adding content and features in TöltSense. This might affect your access to TöltSense temporarily, but we will always try to restore your access as quickly as possible.
6.3. All or part of TöltSense, or features within TöltSense may, at any time, be disturbed or affected by factors beyond our control. If you experience such a disturbance, please contact us.
7. SUPPORT
7.1. If you experience any technical issues or problems with accessing TöltSense or parts of TöltSense, please contact us via our website at https://www.toltsense.com/contact/. We will do our best to address your concerns and reply to your questions as soon as we can.
7.2 Not all phones are capable of running the TöltSense application since it requires access to on-board sensors including accelerometer, gyroscope, magnetometer, and GPS. If your phone does not support these then you may not be able to use TöltSense.
8. INTELLECTUAL PROPERTY
8.1. Any information, software, data or other materials developed or provided by us or our licensors used to provide TöltSense, including all intellectual property rights (such as but not limited to copyright, trademarks, trade names or trade dress) therein, shall remain the sole and exclusive property of TöltSense Ltd or its licensors.
8.2. When you download TöltSense, you will free of charge receive a non-exclusive, non-transferable and revocable licence to use TöltSense in accordance with these Terms. Any use of TöltSense other than as specifically authorised herein, without the prior written permission of us, is strictly prohibited and will automatically terminate the licence granted herein.
8.3. You may not without our prior written consent sell, licence, rent, sublicence, modify, make changes to, distribute, copy, reproduce, transmit, publicly display or perform, publish, adapt, edit, disassemble, decompile or create derivative works of TöltSense.
9. LIMITATION OF LIABILITY
9.1. We strive to give you as precise information as possible through TöltSense, but we do not give any guarantees regarding the metrics, statistics or other information presented in TöltSense. You are fully responsible for your use of TöltSense as well as any and all actions taken by you as a result of the information you receive in TöltSense. You are aware of and accept that all metrics, statistics and other information presented in TöltSense is dependent on the information provided by you, and should not be taken as professional advice regarding your riding or your horse.
9.2. 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 TöltSense.
9.3. You agree that TöltSense Ltd 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 we and our third party application providers have been advised of the possibility of such damages), resulting from (i) the use or inability to use TöltSense; (ii) the cost of getting substitute goods and services resulting from any products, data, information or services purchased or obtained or messages received or transactions entered into through or from TöltSense; (iii) unauthorised access to or alteration of your transmissions or data; (iv) statements or conduct of anyone in connection with the use of TöltSense; or (v) any other matter relating to TöltSense.
9.4. Except for when we have acted with gross negligence, TöltSense shall always be discharged from liability for breach against these Terms resulting from circumstances out of our control.
10. COMMUNICATION
10.1. We may, from time to time, send emails and push notifications to you, such as newsletters, offers and other “nice to know” information. You will be able to turn off push notifications in your device settings or unsubscribe from any future mailings by following the instructions given when you receive an email from us.
10.2. In order not to miss any important information, make sure to keep your contact information updated at all times. All communications related to TöltSense may be done electronically, for example via email or interface in TöltSense. Such messages may inform you about distributions, new versions, additional information on TöltSense, support etc. We will always inform you by email or through TöltSense of changes of these Terms.
11. CHANGES AND TERMINATION
11.1. We may, from time to time, update these Terms. Changes shall become effective upon your acceptance of the updated Terms.
11.2. These Terms apply until terminated. You may at any time terminate these Terms by deleting TöltSense from your mobile device. However, the termination of these Terms shall not affect any remedy owed to TöltSense Ltd at the time of termination.
11.3. TöltSense Ltd reserves the right to, without prior notice and with immediate effect, at any time and without any reason, modify, limit, suspend or terminate your use of TöltSense and/or these Terms.
11.4. Any licence granted to you will immediately cease upon termination of these Terms.
11.5. Notwithstanding anything in the above, Sections 3, 6 and 7 above shall survive termination of these Terms.
12. GOVERNING LAW AND DISPUTE RESOLUTION
12.1. These Terms shall be construed in accordance with and governed by the laws of England, excluding the applicability of the International Sale of Goods Act and 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 TöltSense or with these Terms, or the breach, termination or invalidity thereof, shall be settled by the courts of England.
13. PERSONAL DATA
13.1. We refer to our Privacy Policy for detailed information on how we process your personal data.