TERMS OF SERVICE

These Terms of Service govern the relationship between Equistera (“we,” “us,” or “our”) and you, the user. By accessing our website, mobile application, software, and monitoring services, you agree to comply with and be bound by the following conditions. If you are entering into these terms on behalf of a business, stable, or legal entity, you represent that you have the authority to bind that entity.

1.1. This agreement is entered into with Equistera, located at Calle Turia, 79, 46007, Valencia, Spain.
1.2. All communications regarding these terms, data privacy, or legal notices should be directed to hello@equistera.com.
1.3. We reserve the right to modify these terms at any time. We will notify users of material changes via email or system dashboard. Continued use of the service constitutes your acceptance of any changes.

2.1. Equistera provides an automated equine monitoring solution through the EquiStream Engine, utilizing artificial intelligence to track horse behavior and routine management via web, tablet, and mobile interfaces.
2.2. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EQUISTERA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
2.3. The service operates strictly as an observational, behavioral, and administrative analytics tool. It does not constitute a medical device, nor does it provide veterinary diagnoses or professional medical advice.
2.4. Our AI is designed to assist equine professionals and owners but is not a substitute for human oversight, professional judgment, or regular veterinary care. We do not guarantee that the service will detect every instance of illness, injury, or behavioral anomaly.

3.1. Users are responsible for the procurement, installation, and maintenance of their own compatible hardware, including tablets and cameras, as specified in our technical documentation.
3.2. The EquiStream Engine operates via local processing on your device to ensure real-time performance and data privacy; however, a network connection remains necessary for account synchronization, alerts, and software updates.
3.3. Equistera is not liable for any failure of the service resulting from hardware malfunctions, physical damage to devices caused by animals or environmental factors, or local network/internet instability.

4.1. In accordance with applicable data protection laws, including the General Data Protection Regulation (GDPR) and US state privacy laws, the service processes live video streams in real-time.
4.2. Commercial users (stables, clinics, and managers) act as Data Controllers for their respective facilities. They are solely responsible for ensuring that the use of AI monitoring, cameras, and tablets complies with local labor laws, video recording consents, and privacy regulations regarding staff, clients, and visitor presence.
4.3. Where Equistera acts as a Data Processor on behalf of a commercial enterprise under the GDPR, the parties agree to be bound by Equistera’s Data Processing Agreement (DPA), which is incorporated herein by reference.
4.4. Individual horse owners (consumers) accessing the mobile app acknowledge that their data sharing is governed by our Privacy Policy.
4.5. By using the service, you grant Equistera a non-exclusive, worldwide, royalty-free, perpetual right to use anonymized metadata and behavioral patterns to improve our AI algorithms, machine learning models, and system performance.

5.1. Access to the service is permitted only to individuals aged 18 or older, or those under 18 who are supervised by a legal guardian.
5.2. Stable/Commercial Accounts: You are fully responsible for all actions taken through your account, including the access levels, tasks, and data entries assigned to your employees, contractors, or invited staff.
5.3. Individual/Owner Accounts: You are responsible for maintaining the confidentiality of your login credentials.
5.4. Equistera is not liable for the accuracy of manual data entries, such as the marking of feeding, turnout, or medication tasks as complete, or for any consequences arising from a user's failure to perform their physical duties in the stable.

6.1. The service is provided on a subscription basis (monthly or annually), with fees calculated per horse, per stall, or per facility tier as indicated during the signup process.
6.2. Subscriptions may be cancelled at any time via your account settings, resulting in the suspension of service upon the conclusion of the current paid billing period.
6.3. Business Users: All payments are strictly non-refundable.
6.4. Consumer Users (EU/UK): If you are purchasing as a consumer in the EU or UK, you have a statutory 14-day right to cancel your subscription. However, by logging in and accessing the AI dashboard or setting up a horse profile, you explicitly request that the service begins immediately and acknowledge that you waive your 14-day right of withdrawal.

7.1. All rights, title, and interest in the EquiStream Engine, the EquiBox OS, the website, the mobile apps, the EquiData Corpus, and all associated proprietary algorithms remain the exclusive property of Equistera.
7.2. Users are strictly prohibited from reverse engineering, decompiling, disassembling, or attempting to extract the source code or weights of our AI models.
7.3. The service may not be used for the purpose of developing a competing software product, training a competing machine learning model, or for any unauthorized commercial exploitation.

8.1. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL EQUISTERA BE LIABLE FOR THE INJURY, ILLNESS, OR DEATH OF ANY ANIMAL UNDER THE USER’S CARE, OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS OR DATA.
8.2. Users acknowledge that they use the monitoring service at their own risk and remain solely responsible for the physical welfare, security, and medical intervention required for their horses.
8.3. In no event shall Equistera’s total aggregate financial liability exceed the amount paid by the user for the service during the twelve (12) months preceding the event giving rise to the claim. For consumer users, this limitation applies only to the extent permitted by local consumer protection statutes.

9.1. If you reside in or are accessing the service from the United States, you agree that any dispute, claim, or controversy arising out of or relating to these terms shall be resolved through binding, individual arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules, rather than in court.
9.2. YOU AND EQUISTERA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

10.1. For Non-US Residents: These terms are governed by and construed in accordance with the laws of Spain. Any disputes or legal proceedings shall be subject to the exclusive jurisdiction of the courts of Valencia, Spain.
10.2. For United States Residents: These terms are governed by and construed in accordance with the laws of the State of Delaware, without regard to conflict of law principles.