Terms of Use

This Terms of Use / End User License Agreement ("Agreement") is between you ("you" or "user") and Equivo Pty Ltd ("Equivo", "we", "us", or "our"), a company registered in Australia, and governs your use of the Equivo mobile and web applications and related services (together, the "App"). It applies to the App as distributed through the Apple App Store.

1. Acknowledgement

You acknowledge that this Agreement is concluded between you and Equivo only, and not with Apple Inc. ("App Marketplace"). Equivo, not the App Marketplace, is solely responsible for the App and its content.

This Agreement incorporates by reference, and you also agree to comply with, the usage rules set forth in the applicable App Marketplace's terms of service (for example, the Apple Media Services Terms and Conditions).

2. Scope of license

Equivo grants you a limited, non-exclusive, non-transferable, revocable license to use the App on devices that you own or control, in accordance with the App Marketplace's usage rules, strictly for your personal, non-commercial use.

This license does not permit you to: (a) distribute the App over any network where it could be used by multiple devices simultaneously outside what an App Marketplace allows for family sharing; (b) rent, lease, lend, sell, redistribute, or sublicense the App; (c) copy, decompile, reverse engineer, disassemble, or attempt to derive the source code of the App, except to the extent permitted by applicable law; (d) modify, adapt, or create derivative works of the App; or (e) remove, alter, or obscure any proprietary notices on the App.

3. Maintenance and support

Equivo is solely responsible for providing maintenance and support for the App. The App Marketplace has no obligation whatsoever to furnish any maintenance or support for the App. You can reach Equivo support at apps@equivo.com.au.

4. Warranty

Equivo is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Equivo, and Equivo will, to the extent applicable and as required by law, refund the purchase price (if any) for the App. To the maximum extent permitted by applicable law, Equivo will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be Equivo's sole responsibility.

Nothing in this section affects any statutory consumer guarantees that cannot be excluded under the Australian Consumer Law or other applicable law, including the consumer guarantees set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).

5. Product claims

Equivo, not the App Marketplace, is responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation.

6. Intellectual property

You acknowledge that, as between Equivo and the App Marketplace, Equivo (or its licensors) owns all right, title, and interest in and to the App, including all intellectual property rights therein.

In the event of any third-party claim that the App, or your possession and use of it, infringes that third party's intellectual property rights, Equivo — not the App Marketplace — will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

7. Legal compliance

You represent and warrant that you are not located in a country subject to a government embargo or that has been designated by a relevant government as a "terrorist supporting" country, and that you are not listed on any government list of prohibited or restricted parties.

8. Third-party beneficiary

You acknowledge and agree that the App Marketplace, and its subsidiaries, are third-party beneficiaries of this Agreement, and that, upon your acceptance of this Agreement, the App Marketplace will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary.

9. Subscriptions

The App offers auto-renewing subscriptions that unlock additional features (for example, a higher horse limit). Subscription details — including the title, length, and price of the plan you select — are shown in the App before you confirm a purchase, and are summarised below:

• Title: Equivo subscription plans (horse-limit tiers), as shown on the in-app subscription screen.
• Length: Monthly (auto-renews every month) or Annual (auto-renews every year), as selected by you.
• Price: Displayed in your local currency on the in-app subscription screen and charged to your Apple ID account.
• Free trial: New subscribers may receive a free trial period, shown on the in-app subscription screen, before the paid subscription begins.

Payment is charged to your Apple ID account at confirmation of purchase. Subscriptions automatically renew for the same length and price unless auto-renewal is turned off at least 24 hours before the end of the current period. Your account will be charged for renewal within 24 hours prior to the end of the current period. You can manage or cancel your subscription, and turn off auto-renewal, at any time in your Apple ID account settings (Settings > [your name] > Subscriptions) after purchase. Any unused portion of a free trial period will be forfeited when you purchase a subscription, where applicable.

10. Restore purchases and promo codes

If you reinstall the App or sign in on a new device, you can restore previously purchased subscriptions using the "Restore Purchases" option in the App. Equivo may also issue promotional codes that grant complimentary or discounted access; these are subject to any additional terms communicated at the time they are issued.

11. Termination

This Agreement is effective until terminated by you or Equivo. Your rights under this Agreement will terminate automatically without notice if you fail to comply with any of its terms. Upon termination, you must stop all use of the App and, where applicable, cancel any active subscription through your App Marketplace account settings.

12. Disclaimer and limitation of liability

To the maximum extent permitted by applicable law, the App is provided "as is" and "as available", without warranties of any kind except as expressly stated in this Agreement or required by law. To the maximum extent permitted by applicable law, Equivo will not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the App. Nothing in this Agreement limits any liability that cannot be excluded under applicable law, including the Australian Consumer Law.

13. Privacy

Our collection and use of your personal information is described in our Privacy Policy, which forms part of this Agreement.

14. Changes to this Agreement

We may update this Agreement from time to time. When we make material changes, we will update the "Last updated" date above and, where appropriate, notify you in the App.

15. Governing law

This Agreement is governed by the laws of Australia, without regard to its conflict of law provisions, except to the extent that mandatory consumer protection laws of your country of residence apply.

16. Contact us

Any questions, complaints, or claims regarding the App should be directed to Equivo at the address and contact details below.

Equivo Pty Ltd
154 McRae Rd COONDOO
QLD 4570
Australia
Email: apps@equivo.com.au