Equisense terms of service

Effective date: September 15, 2023

Welcome to Equisense ! We want you to know and understand your rights and our rights relating to the provision of the Services (as defined below). Please read them carefully. Here are some key points:

• Protecting your privacy is of critical importance to us. Find out how we collect and use your personal information in our Privacy policy.
• You can cancel your subscription or delete your account at any time.
• You own your content, but you give us the right to use it.
• Respect is a value we hold dear. If you break our rules, we have the right to disable access to your account or content.
• Equisense is not responsible for your activities and no warranty is given by Equisense.
• If you violate our Terms, we may suspend or terminate your account.
• There are easy ways to contact us if you have any questions or need help.

Terms of service

The Equisense websites, Equisense Inside mobile applications and related services (collectively, the "Services") are made available to you by Micromega, Inc. headquartered at 231 ALL FAUSTE D ELHUYAR 64210 BIDART, France, subject to these Terms of Service (the "Terms") and in accordance with the U.S. Sarbanes-Oxley Act. Privacy policy Equisense the "Privacy Policy"). You can find more information about the Services at https://www.equisense.com. You agree to abide by these Terms and any additional terms and conditions that Equisense may provide to you in connection with the Services, which shall become part of the Terms. Equisense reserves the right to review users' accounts and actions in connection with the Services to verify compliance with our Terms. Consulting, using, importing or downloading information or documents relating to the Services, accepting these Terms when creating an account or activating the "register" button or a similar mechanism constitutes acceptance of these Terms. If you do not accept these conditions, you must not access or use the services. This agreement is written in French. To the extent that a translated version of the Terms conflicts with the French version, the French version shall prevail.

If you are accessing or using the Services on behalf of a business or other entity, you represent that you have the authority to bind such entity and its affiliates to these Terms and that such entity is fully bound by these Terms. In this case, "you" shall mean such entity and its affiliates. If you do not have this authority, you may not access or use the Services. These Terms contain disclaimers of warranties and limitations of liability that may apply to you.

The Equisense Services cannot be provided and the agreement described in these Terms of Service cannot be performed without Equisense processing data about you and other Equisense users, including your location data. Processing the data you share with Equisense, including your location data, is essential to the Services we provide and is a necessary part of our performance of our agreement with you.

Registration and accounts

The Services are intended only for persons at least 13 years of age or such other age as may be required in your jurisdiction to use the Services. If you are not of legal age to sign a binding contract in your jurisdiction, you certify that your parent or legal guardian has reviewed and accepted these Terms on your behalf.

Use of the Services is subject to registration. When you register for our Services, you agree to: (a) provide true, accurate, current and complete information about yourself (the "User Data") and (b) promptly update your User Data if it changes. You agree that Equisense may use your User Data to provide the Services you access or use, as described in these Terms and in our Privacy Policy. You agree to create only one account for your personal use and to never share this account with a third party. If you provide User Data that is inaccurate or out of date, or if you create multiple accounts, Equisense has reasonable grounds to suspect that such User Data is inaccurate or out of date, and reserves the right to suspend or terminate your account and refuse any and all current or future use of the Services. In consideration of your use of the Services, you represent that you are not a person barred from receiving services under the laws of any applicable jurisdiction.

You are solely responsible for maintaining the confidentiality of the password associated with your account and for restricting access to your password, computer and mobile device while connected to the Services. You accept responsibility for all activities that occur under your account or from your computer and mobile devices. We strive to use reasonable security measures to protect you from unauthorized access to your account. However, we cannot guarantee the absolute security of your account, your Content (as defined below) or the personal information you provide, and we cannot promise that our security measures will prevent unauthorized third parties from illegally accessing the Services or their content. You agree to notify Equisense immediately of any unauthorized use of your account or password, or any other breach of security, and you represent that you understand all risks involved in unauthorized access to User Data and any other information or content you provide to Equisense. For security reasons, we strongly recommend that you choose a unique and complex password (sufficient length and presence of special characters in particular).

You may register or log in to your account via a third-party network, such as Facebook or Apple. If you do so, you authorize Equisense to pre-populate the registration fields and other relevant information in your account and/or to use the credentials of such third party to log into your account. If you connect your account to a third party network, you agree to abide by the terms and policies applicable to such third party.

By virtue of certain of the Services connecting to the Google Maps API, you hereby agree to be bound by the Additional terms of service for Google Maps / Google Earth (including Google Privacy Policy) in connection with your use of these Services.

Delete

Deleting your account

You can delete your account at any time either from the application or by contacting Equisense customer service. This will result in the deletion of your data within a maximum technical delay of 15 days.

Content and conduct

Ownership and use of Content

You are the owner of the information, data, text, images, videos, or any other content that you upload to the Services (the "Content"). 

You understand that you, and not Equisense, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available via the Services (e.g., Content associated with a session with a horse shared among multiple users). Equisense does not ordinarily screen or monitor Content posted on the Services by others and, as such, cannot guarantee the accuracy, integrity or quality of such Content. Equisense may, in its sole discretion, filter, monitor, mask, refuse or remove any Content, or remove any Content that violates the Terms or is otherwise objectionable. You understand that by using the Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Equisense be liable in any way for any Content, including, without limitation, for any errors or omissions in any Content, or for any loss or damage arising from the use of any Content made available on the Services. You agree to bear all risks associated with the use of any Content available in connection with the Services, including where such risks depend on the accuracy, completeness or usefulness of such Content.

You agree that Equisense is not responsible for, and does not endorse, any Content posted on the Services. If your Content violates these Terms, you may be legally responsible for that Content. As between you and Equisense , all Content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of the Content. You acknowledge and agree that your relationship with Equisense is not a confidential, fiduciary or other special relationship, and that your decision to submit Content does not put Equisense in a position that is different from the position of the general public, including with respect to your Content. Your Content will not be subject to any obligation of confidentiality on the part of Equisense other than as set forth in the Privacy policy and your privacy settingsEquisense will not be responsible for the use or disclosure of any Content provided by you.

The Services may offer you the ability to make Content that you submit to the Services private or accessible only to certain users of the Services. Equisense will maintain the confidentiality of such Content according to your choice. If you choose to share your Content with other users of the Services, you are responsible for the nature of the Content. (Example: users with whom you share a horse have access to the content you add about sessions with that horse). Please consult our Privacy policy for more information on how to manage your privacy settings.

The Services are intended for your personal, non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, transfer or sell for commercial purposes any portion of the Services, use of the Services or access to the Content, or create derivative works therefrom.

You have a limited, non-exclusive right to create a hypertext link to the Services for non-commercial use only, provided that such link does not portray Equisense or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner, and provided that the linked site does not contain any pornographic, illegal, abusive, harassing or otherwise objectionable material. You also have the right to implement RSS feeds located on the Services for your personal, non-commercial use, exclusively in the manner described on the Services. We reserve the right to revoke these licenses in general, or your right to use specific links or RSS feeds, at any time, with or without cause.

You understand that the use of certain features of the Services may require you to purchase equipment or materials (e.g. Motion One or Motion S sensor).

You understand that you are responsible for any charges associated with sending communications via your device. You hereby acknowledge that you have the right to communicate with your contacts via the Services.

You represent and warrant that: (i) you are authorized to create your account, whether as an individual or on behalf of an organization; (ii) you own the Content posted by you on or through the Services or you have the right to grant the rights and licenses set forth in these Terms; (iii) the posting and use of your Content on or through the Services does not, will not, and does not infringe the rights of any third party, including, without limitation, rights of privacy and data protection, rights of publicity, copyrights, trademark rights and/or other intellectual property rights; and (iv) you agree to pay all royalties, fees and other amounts due as a result of Content you post on or through the Services.

Restrictions on Content and Behavior

Visit Acceptable use policies describe restrictions on content and behavior, and are incorporated herein by reference. You agree to abide by these Policies.

Property rights

You acknowledge and agree that the Services, any necessary software used in connection with the Services (if any), any aggregated data based on Content on the Services, and any Content available or made available on the Services contain proprietary and confidential information that is protected by applicable intellectual property rights and other laws. Except as expressly permitted by applicable law or Equisense or third-party service providers or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services, the software or the Content made available on the Services (other than Content you may submit), in whole or in part.

Equisense grants you a personal, revocable, non-transferable, non-exclusive, non-sublicensable right and license to access and use the Services; provided that you do not (and do not permit any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover the source code, sell, assign, sublicense, grant a warranty in or transfer any right to the Services, except as permitted by law. You agree not to access the Services by any means other than through the interfaces provided by Equisense.

The terms Equisense and Equisense Inside, the Equisense logo and other Equisense logos and product and service names are the exclusive trademarks of Micromegas and are the property of Micromegas. and you may not use or display these marks in any manner without the prior written permission of Equisense. Third-party trademarks or service marks displayed on the Services are the property of their respective owners.

Equisense reserves all rights not expressly granted herein.

Warranty exclusions

The information, software, products, services and content available through the Services are provided to you "as is" and without warranties of any kind. Equisense and its subsidiaries, affiliates, officers, employees, agents, partners and licensors hereby disclaim all warranties with regard to such information, software, products, services and content, including, without limitation, all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.

Equisense and its subsidiaries, affiliates, officers, employees, agents, partners and licensors do not warrant that: (a) the service will meet your requirements; (b) your content will be available or the service will be uninterrupted, timely, secure or error-free; (c) the results obtained from the use of the service will be accurate or reliable; (d) the quality of any products, services, information or other materials purchased or obtained by you through the service will meet your expectations; and (e) any errors in the services will be corrected.you expressly agree that equisense does not provide medical or veterinary advice via the services.

Content provided through the Services, including all text, photographs, images, illustrations, graphics, audio, video and audio-video clips, and other materials, provided by us or other account holders or third parties, are not intended for, and should not be used in place of (a) the advice of your physician, veterinarian or other healthcare professional, (b) a visit, call or consultation with your physician, veterinarian or other healthcare professional, or (c) information contained in any product packaging or labeling. if you have health-related questions, promptly call or consult your physician, veterinarian or other healthcare provider. If you have an emergency, call your doctor immediately or dial 112.

You should never disregard veterinary advice or delay a veterinary consultation because of any content presented on the Services, and you should not use the Services or any content on the Services to diagnose or treat a health problem with your horse.

You expressly agree that your athletic activities (including, but not limited to, horseback riding, or following an equisense exercise plan offered on the Services) involve certain inherent and substantial risks of property damage, bodily injury or death and that you voluntarily assume all known and unknown risks associated with such activities, even if caused in whole or in part by the action, inaction or negligence of Equisense or by the action, inaction or negligence of others.

You are responsible for verifying the suitability of the rider, the horse and the activities engaged in, including in the case of following any exercise or program proposed by Equisense. You expressly agree that Equisense assumes no responsibility for the inspection, supervision, preparation or conduct of any race, competition, challenge or group activity using the Services. 

You expressly agree to release equisense, its subsidiaries, affiliates, officers, agents, representatives, employees, partners and licensors (the "Released Parties") from any and all liability for your sporting activities and/or your use of the equisense websites, applications, content, services or mobile products (including, without limitation, any equisense programs and exercises), and promise not to sue the Released Parties for any claims, actions, injuries, damages or losses associated with such use.

You further agree that in no event shall the Released Parties be liable to you or any third party for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with (a) your use or misuse of the Services, (b) your use or misuse of equipment or programs created or licensed by Equisense, in connection with sporting activities, (c) your dealings with third party suppliers or advertisers available through the services, or (d) any delay or inability to use the services suffered by you, or (e) any information, software, products, services or content obtained through the services, whether based on contract, tort or strict liability or otherwise, even if Equisense has been advised of the possibility of damages.

Because some states/jurisdictions do not allow some or all of the above exclusions or limitations of liability, including exclusions for consequential or incidental damages, some of the above limitations or exclusions may not apply to you. 

By accepting this waiver, you acknowledge that you have read and understand, and expressly waive, the benefits of Section 1542 of the California Civil Code (and any similar laws of any state, country or territory), which provides as follows: "a general waiver does not cover claims of which the creditor has no knowledge or of which he does not suspect the existence in his favor at the time the waiver is signed and which, if he had known of them, would have materially affected his final settlement with the debtor." 

Equisense does not endorse your content or the content of other users and disclaims all liability to any person or entity for any loss, damage (whether actual, consequential, indirect, punitive or otherwise), injury, claim, liability or other cause of any kind or character based on or resulting from any content on the services.

The Company's maximum total liability to you under these conditions shall not exceed (a) fifty dollars (€50) or (b) the amount of fees paid by you to equisense in the 12 months prior to the date of the complaint.

If you are a consumer residing in the European Union, you have legal remedies if we cause you to suffer loss through our breach or non-observance of our legal obligations, or through our negligence, and these conditions do not affect such legal remedies.

Compensation

You agree to indemnify and hold Equisense and its subsidiaries, affiliates, agents, representatives, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise seek to make available via the Services, your use of the Services, your athletic activities that generate Content you post, or seek to post on the Services (including, without limitation, sporting activities in connection with contests, races, group runs or other events that Equisense sponsors, organizes, or in which Equisense participates), your connection to the Equisense Services, your violation of the Terms, your violation of any privacy or data protection laws or your violation of the rights of any other person or entity. Your rights with respect to Equisense are not affected by the foregoing indemnification if the laws of your country of residence, applicable by reason of your use of our Services, do not so permit.

Choice of applicable law and jurisdiction

Any action relating to the Terms, the Content, the Services and your relationship with Equisense shall be governed by and construed in accordance with the laws of France and Europe. If either party hereto institutes any action or proceeding against another party for declaratory or non-declaratory relief arising out of or relating to these Terms, the prevailing party shall have and recover from the other party, in addition to all legal fees and disbursements, such sum as the court deems to be reasonable attorneys' fees. Except to the extent permitted by applicable law, the parties agree that any claim or cause of action arising out of or related to the use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. This paragraph does not apply to users living in the European Union.

Operation France

These Services are controlled by Equisense from its offices in France. Equisense makes no representation that the Content or Services are appropriate or available for use in other locations. Access to or use of the Content or Services from territories where such access or use is illegal is prohibited. Anyone who chooses to access the Services from locations outside of France does so on his or her own initiative and is responsible for compliance with applicable local laws. You may not use or export the Content in violation of U.S. export laws and regulations.

Cancellation

You agree that Equisense may, under certain severe circumstances and without prior notice, immediately suspend or terminate your account and/or access to the Services. Cause for such suspension or termination may include, but is not limited to, (a) violations of the Terms or other incorporated agreements, policies or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletion), (d) a major interruption or modification of the Services (or any part thereof), (e) unexpected technical or security problems and/or (f) extended periods of inactivity. Termination of your account may include (x) removal of access to all offerings contained in the Services, (y) deletion of information, files and content associated with your account, and (z) prohibition of any further use of the Services. You further agree that any suspension or termination for cause shall be at Equisense 's sole discretion and that Equisense shall not be liable to you or any third-party for any suspension or termination of your account or access to the Services.

General

You agree that no joint venture, partnership, joint control, employment or agency relationship exists between you and Equisense as a result of the Terms or your use of the Services. The Terms constitute the entire agreement between Equisense and you with respect to your use of the Services. Equisense 's failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You may not assign, delegate or otherwise transfer your account or your obligations under these Terms without Equisense's prior written consent. Equisense shall not have the right, in its sole discretion, to transfer or assign all or any of its rights under these Terms and shall have the right to delegate or use third party subcontractors to perform its obligations hereunder and in connection with the Services. Notices from Equisense by electronic mail, postal mail or notices, publications or links on the Services shall constitute acceptable notices under the Terms. A printed version of the Terms and of any notice provided in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Section titles and headings in the Conditions are provided for convenience only and have no legal or contractual effect. All rights not expressly granted herein are reserved.

Modification of Terms and Services

Certain provisions of the Terms may be supplemented or superseded by expressly designated legal notices or terms located on particular pages of the Services. Equisense reserves the right to update the Terms at any time and for any reason at its sole discretion. Equisense will notify you of any material changes to the Terms, a service or any other feature of the Services. By continuing to access or use the Services after we have notified you of a change, you agree to be bound by the changed terms. If the modified terms are not acceptable to you, your sole remedy is to discontinue using the Services.

Equisense and its third-party service providers may make improvements and/or changes in the Services, products, services, mobile applications, features, programs and prices described at any time and for any reason, in our sole discretion. The mobile application may download and install upgrades, updates and additional features to improve, enhance and further develop the Services. Equisense reserves the right at any time to modify or discontinue, temporarily or permanently, the Services or any part thereof with or without notice. You agree that Equisense shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

Support and questions

If you have any questions about the Services or these Terms, please contact us at [email protected]

Prevention and eco-design

Committed to a responsible approach to waste management, Groupe Voltaire actively collaborates with five eco-organizations. It keeps its declarations up to date and has submitted prevention and eco-design plans, which remain valid until 2028. The various sectors covered are as follows:

Sporting and leisure goods: Tracked by ECOLOGIC, unique identifier = FR294764_13BGMT.

Electronic devices: Tracked by ECOLOGIC, unique identifier = FR294764_05MBHL.

Textiles for riders: Tracked by REFASHION, unique identifier = FR294764_11JPQU.

Batteries and accumulators: Tracked by SCRELEC/BATRIWEB, unique identifier = FR028535_06KL72.

Packaging: Tracked by CITEO, unique identifier = FR294764_01FTET.

These actions demonstrate Groupe Voltaire's commitment to preserving the environment and promoting sustainable practices. By placing responsible waste management at the heart of its strategy, the company is actively contributing to a more respectful future for our planet.