Terms and Conditions

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EQUESTIC GENERAL TERMS

Last revision date: 01 March 2026

These General Terms and Conditions (the “General Terms”) govern the access to and use of the products, software applications and related services marketed under the brand “Equestic” or “EQ” or EQ Coach-Copilot as further described herein.

The Equestic solutions are offered by the provider identified below (hereinafter referred to as the “Provider”, “We”, “Us” or “Our”).

Provider details
Smart Horse Technologies B.V.
Registered address: Rondveld 21, 5845 EP, Sint Anthonis, The Netherlands
Telephone: +31 6 22 88 63 00
Telephone availability: Monday to Friday, 09:00–18:00 (CET)
Email: service@equestic.com

The Provider is the owner of the registered trademarks “Equestic” and “EQ Coach-Copilot”.

DEFINITIONS. 1
PRODUCT TERMS. 3
APPLICATION TERMS AND DATA PROCESSING.. 8
SERVICE TERMS. 12
GENERAL TERMS APPLICABLE TO PRODUCTS, APPLICATIONS AND SERVICES. 13

1. DEFINITIONS

For the purposes of these General Terms, the following terms shall have the meanings set out below.

Product means any physical device, equipment, accessory, sensor, or other tangible item offered for sale or otherwise made available by the Provider through the Provider’s official sales channels (including authorized partners), whether marketed under the Equestic brand or under any other brand for which the Provider acts as an authorized reseller or distribution partner.

Application means any software application, mobile or web-based, including Online Portal, developed, provided, or licensed by the Provider under the Equestic or EQ Coach-Copilot brands, whether for use on a smartphone, tablet, desktop, or any other device. Applications may communicate with one or more Products, process data captured by the Products, or provide digital services, features, or content directly. The content made available through an Application may include original content created by the Provider, AI-generated content, or content provided by third parties. The specific functionality, content, or features available in an Application may vary depending on the type of Application, the subscription plan, or other terms chosen by the user.

Service means any digital, informational, analytical, educational, or other non-tangible capability, content, or functionality provided or made available by the Provider, whether on a paid basis, included in the price of a Product or subscription, or provided free of charge, through the Application, Online Portal, electronic communication (including email), or any other digital channel.

Online Portal means a web-based platform operated by or on behalf of the Provider and made available at https://www.equestic.com, through which You may access, view, and manage some data, analytics, insights, content, and other information generated by or in connection with the Product, the Application, and/or the Services when generated and delivered to You in a digital format.

“You” means a natural person or legal entity which accesses, downloads, installs, or uses the Product, the Application, or the Services. For the purposes of these General Terms, You may fall into one of two categories:

Consumer Users – natural persons using the Product, Application, or Services solely for personal, non-commercial purposes. As a Consumer User, You are entitled to all protections and rights afforded to consumers under applicable law, including statutory warranty rights, withdrawal rights, and other consumer protection rights. Examples include horse owners, riders, or other individuals using the Products or Applications for personal purposes.
Professional Users – natural persons or legal entities using the Product, Application, or Services for professional, business, or commercial purposes, including but not limited to coaches, trainers, stable owners, veterinarians, saddle fitters, breeders, or any other professional providing services related to horses or equestrian activities. As a Professional User, You are not considered a consumer, and consumer protection rights under applicable law do not apply. Professional Users may use the Products, Applications, and Services for commercial purposes, including providing paid services, training, analysis, or consulting, and may use the data, content, and functionality available to them as part of their professional activities.

For the avoidance of doubt, the same natural person may act as both a Consumer User and a Professional User depending on the context of their use, and the applicable rights and obligations under these General Terms will depend on the category of use at any given time.

Privacy Policy Policy means the document published by the Provider at https://www.equestic.com/privacy-policy that describes how We collect, process, store, and protect personal data of individuals using the Product or Application, including information about third-party service providers involved in such processing.

2. PRODUCT TERMS

2.1. Ordering and Contract Formation

The Product may be purchased through the Provider’s official website https://www.equestic.com, Application or through the Provider’s authorized partners.

These General Terms govern the ordering, delivery, withdrawal and return conditions exclusively where the Provider is the contracting seller of the Product.

Where a Product is purchased from a third party, including a distributor, reseller, partner, marketplace operator or any other seller, the purchase contract is concluded solely between You and that third party. In such cases, the Provider does not determine and is not responsible for the applicable ordering, delivery, withdrawal, return or statutory consumer warranty conditions, unless expressly agreed otherwise in writing or herein.

By placing an order with the Provider, You submit an offer to purchase the Product. A binding contract is formed only when the Provider expressly accepts Your order by sending an order confirmation by electronic means.

The Provider may require a reasonable period of time to review, process and accept an order. Although the Provider is not obliged to process or accept an order within any specific timeframe orders are generally processed without undue delay.

To the extent permitted by applicable law, the Provider reserves the right, at its sole discretion, to:

refuse or cancel an order;
request additional information or documentation reasonably necessary to verify Your identity, payment method, creditworthiness or compliance with these General Terms and applicable laws;
limit the quantity of Products ordered; or
suspend the processing of an order pending completion of verification checks.

The Provider does not guarantee the availability of the Product at all times. Product images, renderings and descriptions displayed on the website are for illustrative purposes only. The actual appearance, color, materials or dimensions of the Product may differ from those shown on the website, provided that such differences do not affect the Product’s essential characteristics.

The Provider does not guarantee that the Product can be purchased or delivered to all countries. Delivery may be restricted or unavailable in certain jurisdictions at the discretion of the Provider.

The Provider may provide user manuals, safety instructions and other documentation relating to the Product in English and/or Dutch only, as required by applicable law. Availability of such documentation in other languages is not guaranteed.

2.2. Delivery

The Product shall be delivered to the delivery address specified by You during the ordering process.

Any delivery dates or timeframes indicated on the website, in the order confirmation, or elsewhere are estimates only and are not binding. We do not guarantee delivery within any specific period.

Delivery may be carried out by third-party carriers. We are not responsible for delays, losses, or damages caused by such carriers or by circumstances beyond Our reasonable control.

Risk of loss or damage to the Product passes to You upon delivery of the Product to You or to a carrier designated by You, unless mandatory consumer protection law provides otherwise.

If delivery is not possible due to incorrect, incomplete, or outdated delivery information provided by You, or due to Your failure to accept delivery, We may cancel the order or arrange redelivery at Your expense.

If delivery of the Product is delayed by more than thirty (30) days beyond the delivery timeframe indicated at the time of order placement, You may be entitled, under mandatory consumer law, to terminate the purchase contract. In such case, Your sole remedy shall be the reimbursement of any amounts paid for the undelivered Product.

2.3. Withdrawal from the Contract

2.3.1. Right of Withdrawal

If You are a consumer within the meaning of applicable EU consumer protection law, You have the right to withdraw from the purchase contract for the Product without giving any reason within fourteen (14) days from the day on which You, or a third party designated by You (other than the carrier), acquires physical possession of the Product.

2.3.2. Exercising the Right of Withdrawal

To exercise the right of withdrawal (if applicable), You must inform Us of Your decision by an unequivocal statement (for example, by email or via the contact details provided on the website) before the expiry of the withdrawal period.

You may use the following model withdrawal form, but this is not mandatory:

«To: Smart Horse Technologies BV, E-mail: service@equestic.com

I hereby inform you that, in respect of our contract regarding the sale of [Equestic Product Name and Order Reference], I exercise my right of withdrawal.

[Your Name]»

2.3.3. Effects of Withdrawal

If You withdraw from the contract in accordance with applicable law, We shall reimburse all payments received from You for the Product, excluding delivery costs exceeding the least expensive standard delivery option offered by Us, without undue delay and in any event no later than fourteen (14) days from the day on which We are informed of Your decision to withdraw.

We may withhold reimbursement until the Product has been received back or until You have supplied evidence of having returned the Product, whichever occurs first.

2.3.4. Return of the Product

You shall return the Product to Us without undue delay, and in any event no later than fourteen (14) days from the day on which You communicated Your withdrawal (if applicable).

The direct costs of returning the Product shall be borne by You, unless otherwise required by applicable law.

You are liable for any diminished value of the Product resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the Product.

2.3.5. Exclusions and Limitations

The right of withdrawal does not apply to the extent permitted by applicable law, including:

if the Product has been used in a manner exceeding what is necessary to establish its nature, characteristics, and functioning; or
if the Product has been damaged due to improper handling.

2.4. Warranty and Defective Products

2.4.1. Applicability

Any commercial or manufacturer’s warranty expressly granted by the Provider in respect of a Product shall apply independently of the seller, subject to the terms of such warranty, however no warranty shall apply to Products acquired through unauthorized sources, on the secondary market, or in circumstances where the origin of the Product or the conditions of its initial placing on the market cannot be verified.

Where the Provider offers Products manufactured by third parties as an authorized reseller, no commercial or manufacturer’s warranty is granted by the Provider in addition to the statutory rights applicable under mandatory law. In such cases, any commercial or manufacturer’s warranty applicable to the Product is granted solely by the respective manufacturer and is subject to the terms and conditions set by that manufacturer.

2.4.2. Warranty Period

We are liable for any lack of conformity of the Product that exists at the time of delivery and becomes apparent within the statutory warranty period under applicable law.

Warranty period is one (1) year from delivery, unless a longer mandatory period applies for consumers under national law.

2.4.3. Notification of Defects

You are responsible for inspecting the Product upon receipt. Any visible damage, defects, or discrepancies must be reported to Us within a reasonable time, and in any event no later than fourteen (14) days after the date of receipt of the Product. Failure to notify the Provider within this period may affect Your ability to rely on such defects, to the extent permitted by applicable law.

2.4.4. Remedies

If a defect or lack of conformity is found and applicable law requires a remedy, We shall, at his discretion and in accordance with applicable law:

repair the Product; or
replace the Product; or
refund the purchase price, in whole or in part, if repair or replacement is impossible or disproportionate.

2.4.5. Exclusions

The warranty does not cover defects or damage resulting from:

normal wear and tear;
misuse, negligence, or failure to follow instructions;
unauthorised modification, repair, or alteration;
external causes beyond the Provider´s or Your reasonable control.

2.4.6. Limitation of Warranty

Except for statutory rights under applicable law, no additional warranties, express or implied, are given, including any implied warranties of fitness for a particular purpose.

We do not warrant that the Product will operate without interruption or error, nor that data generated by the Product will be accurate or complete.

2.4.7. Relationship with Mandatory Law

Nothing in these General Terms shall exclude or limit any rights or remedies that cannot be excluded or limited under applicable law (for EU consumers).

For non-EU consumers, only the rights explicitly granted under applicable law apply.

2.5. Use of the Product

2.5.1. Proper Use

The Product shall be used in accordance with the instructions and guidelines provided in the documentation. You must operate the Product in a safe and responsible manner and use it only for its intended purpose as reasonably described in such documentation.

2.5.2. Prohibited and Improper Use

Detailed descriptions of prohibited, restricted, or improper use of the Product, including safety-related limitations and operational restrictions, are set out in the Product documentation as provided by the Provider.

You are required to familiarize Yourself with the applicable documentation prior to using the Product and to comply with the instructions, warnings, and limitations contained therein. Use of the Product in a manner expressly identified in the documentation as prohibited or improper may result in malfunction, safety risks, and loss of warranty rights, to the extent permitted by applicable law.

Products may incorporate original and proprietary technical solutions, including patented and/or patent-pending elements, which are protected by applicable intellectual property laws. All intellectual property rights in the Products, including trademarks, designs, and technical solutions, remain with the respective rights holders. Any use of trademarks, names, logos, or other intellectual property associated with a Product without the prior written consent of the relevant rights holder is prohibited.

2.5.3. User Responsibilities

You must:

Follow all instructions and safety guidelines in the documentation.
Attach and operate the Product according to manufacturer guidelines.
Keep the Product clean, dry, and protected from damage.
Notify Us immediately if the Product is damaged or malfunctions.

2.5.4. Consequences of Improper Use

Improper use or breach of these Terms may result in:

Malfunction or damage to the Product;
Loss or corruption of data;
Consideration as a breach of these General Terms;
Termination of warranty or service coverage, to the extent permitted by applicable law;
Suspension or termination of access to associated services, without compensation.

3. APPLICATION TERMS AND DATA PROCESSING

3.1. Scope and Acceptance

By downloading, installing, or using an Application, or by accessing Online Portal provided by the Provider, You agree to these General Terms. These Terms govern Your use of the Application, Online Portal, including all features, services, and AI-powered functionalities.

Important: All obligations and rights described in these Terms apply only to the version of the Application obtained from official app stores (such as Google Play or Apple App Store), where the publisher is indicated as Smart Horse Technologies BV or from the Provider’s website www. equestic.com. Use of versions obtained from other sources is unauthorized and not covered by any warranties or protections provided under these Terms.

The Application may involve data processing services performed on computing resources provided by third-party service providers. Such providers may change from time to time. Details regarding the processing of personal data are provided in the Privacy Policy. We may provide additional information on subcontractors at Our discretion, but are not obliged to do so.

3.2. Eligibility

The Application is intended for use by natural persons only. You must comply with all applicable minimum age requirements in your jurisdiction to use the Application. Where local law requires parental or guardian consent for users below a certain age, You must obtain such consent.

The Application is not available in all countries, and We reserve the right, at Our sole discretion, to deny access to the Application, or to any of its features, to any user, in whole or in part, without providing reasons. This includes restrictions based on geographic location, legal requirements, or other considerations.

3.3. License and Use

We grant You a non-exclusive, non-transferable, revocable license to use the Application, as well as Online Portal functionality, solely for the purposes described in these Terms and in accordance with its intended functionality.

Prohibited uses include, but are not limited to:

Reverse engineering, decompiling, or attempting to extract the source code of the Application;
Unauthorized sharing of account credentials;
Using the Application to interfere with other users’ accounts, data, or the operation of the Services;
Sublicensing, renting, lending, transferring, or otherwise making the Application or its functionality available to any third party, unless explicitly allowed by the built-in functionality of the Application;
Any use that violates applicable law or infringes the rights of third parties.

If We detect that You have violated these Terms, including any prohibited or improper use of the Application, We may immediately suspend or terminate Your access to the Application or any of its features, without prior notice and without compensation for any unused services.

Improper use may also result in the loss of any warranty or support rights associated with the Application, to the extent permitted by applicable law.

3.4. Data Collection and AI Analysis

The Application, Online Portal, Product, and related Services collect and generate data as a result of Your use. This includes, but is not limited to:

Sensor readings from the Product, including movement metrics and training indicators;
User interactions, actions within the Application or Online Portal, and other input provided during the use of the Product or Services;
Audio or video recordings captured during training sessions;
Corrections, annotations, or other inputs made the authorized users within the Application or Online Portal.

The Provider may process and analyze Your Data using AI systems. AI-generated outputs may include, without limitation:

Segmentation and classification of training sessions;
Comparative analysis of current and historical performance;
Transcription, interpretation, and annotation of audio inputs;
Correlation and integration of multi-source data for pattern detection, performance insights, or trend analysis;
Generation of reports, summaries, projections, recommendations, or alerts related to training or performance;
Generation of the answers to Your support requests.

By using the Product, Application, Online Portal, or Services, You consent to:

Collection, storage, and processing of Your Data as described in this section and in the Privacy Policy;
Processing of Your Data by AI systems as described in this section;
Sharing of AI-generated outputs and other processed data only with team members or other users You have explicitly authorized;
Aggregated and anonymized use of Your Data for research, service improvement, AI training, or other analytical purposes.

Limitation: AI-generated outputs are provided for informational purposes only and may contain errors or approximations. You should exercise judgment and not rely solely on AI outputs for safety-critical or business-critical decisions.

Detailed information regarding the categories of sensor data collected, the processing and retention of audio recordings (where applicable), the storage and use of transcriptions, as well as Your rights to access, rectify, restrict, or delete such data, is set out in the Privacy Policy, as amended from time to time.

3.5. Accounts and Access

Access to the Application may require an account. You are responsible for maintaining the confidentiality of Your login credentials and for all activity under Your account.

We may suspend or terminate accounts in case of suspected misuse or violation of these Terms. No compensation will be provided for any prepaid subscription fees or unused services.

Important disclaimer: We do not accept any responsibility or liability for any losses, damages, or costs incurred as a result of losing control over Your account without Our direct fault. This includes, but is not limited to, the value of lost subscriptions, services, or other content associated with the account. Users are solely responsible for securing their login information and access credentials.

3.6. Disclaimer of Warranties

The Application is provided on an “as is” and “as available” basis. To the maximum extent permitted by applicable law, We do not warrant that the Application will be uninterrupted, error-free, secure, or free from defects, nor that any identified errors or shortcomings will be corrected.

We do not guarantee that the Application will meet Your specific expectations, achieve any particular results, or be compatible with all devices, operating systems, or third-party services.

Nothing in this section excludes or limits any mandatory rights or warranties that cannot be waived under applicable law.

3.7. Updates, Modifications and Support

We may update the Application at any time, including automatic updates. Updates, patches, bug fixes, or improvements to the Application may be provided at Our discretion and are not an obligation, unless otherwise required by applicable law or explicitly included in a paid subscription plan. Continued use of the Application constitutes acceptance of the latest version of these Terms and any new functionality or updates.

Fees and additional functionality:

Technical updates and maintenance that are required to keep the Application functional are included in the price of Your selected subscription or plan.
Updates that introduce additional functionality or new features may be offered separately and may require additional payment. Access to such updates is subject to payment of any applicable fees.

The Provider may, at its discretion, offer support, assistance, or guidance in relation to the Application including through AI-empowered chats, other digital channels, documentation, FAQs, or direct communication.

The Provider does not guarantee the availability, continuity, scope, or response time of any support services, unless expressly agreed otherwise in writing. Support, if provided, is offered on an “as available” basis and may be modified, limited, or discontinued at any time.

3.8. Payment and Subscription for the Application

The Application offers multiple subscription plans (“Plans”) that provide access to different levels of functionality. The currently available Plans, their prices, and the corresponding features are indicated within the Application, which constitutes the legally binding source of information. Information displayed in external stores or websites is indicative only and serves for general guidance. Not all Plans are available in all countries or to all individuals.

Payment for a Plan must be made before the start of the usage period, unless We explicitly offer otherwise during the ordering process or as part of a special promotion. Once payment is completed, the selected Plan remains active for the duration of the paid period. Subscription fees cover access to the Plan for the full paid period, and no refunds will be granted for early termination, discontinuation, or partial use of the Application or any related services, including any unused portion of the subscription.

Switching from one Plan to another may be offered but is not guaranteed. In such cases, any unused portion of the previous Plan may be credited, subject to Our discretion and the conditions in effect at the time of the switch.

In certain cases, the purchase of a Product may include a specific Plan for a defined period, as indicated in the relevant offer.

4. SERVICE TERMS

Services may include, without limitation, analytical reports, data interpretations, statistical outputs, summaries, observations, recommendations, guidance, educational materials, tutorials, webinars, lessons, certifications, tests, music, and other digital or informational content in any form, including visual, textual, numerical, and audio content and may result in the delivery of specific digital or informational outputs (such as reports, files, datasets, or other materials). Any such outputs form part of the Services and do not constitute goods or products. Certain Services may include content generated or assisted by automated systems or artificial intelligence, as well as third-party content integrated into the Services.

Services may be made available through the Application, Online Portal or independently of them, including via web-based interfaces, electronic communication, or other digital means. Not all Services are available in all jurisdictions or to all users, and availability may depend on technical, legal, or commercial factors.

Generally, Services are provided on a paid basis. Certain Services may, however, be included in the purchase price of a Product or in the subscription fee for the Application. The applicable conditions, including whether a Service is included or subject to a separate fee, shall be specified at the time of ordering or prior to the granting of access to the respective Service.

The scope, content, availability, and conditions of Services may change over time. The Provider reserves the right to modify, limit, suspend, or discontinue any Service, in whole or in part, at its discretion, subject to applicable law.

Services are provided for general informational and educational purposes only. They do not constitute and shall not be considered as professional advice of any kind, including veterinary, medical, training, coaching, safety, legal, or other professional advice. The Provider does not guarantee that any content, reports, recommendations, or other outputs provided through the Services are accurate, complete, up to date, or suitable for any particular purpose or situation.

Any use of the Services, and any reliance on information, reports, recommendations, or other content made available through the Services, is entirely at Your own risk. You remain solely responsible for all decisions, actions, and outcomes resulting from the use of the Services, including, without limitation, decisions related to training methods, riding techniques, horse welfare, health, performance, safety, competition participation, or professional activities.

Where Services are used by Professional Users in the course of providing services to third parties, such Professional Users remain fully and exclusively responsible for their own services, advice, and conduct. The Provider does not assume any responsibility toward third parties who may rely on such professionals’ use or interpretation of the Services.

All intellectual property rights in and to the Services and related content are owned by Us or Our licensors. Subject to Your compliance with these Terms, You are granted a limited, non-exclusive, non-transferable, and revocable right to access and use the Services and the deliverables. For the avoidance of doubt, Services and any outputs, deliverables, or results generated or made available in the course of providing the Services may be used by Professional Users in the course of their professional or commercial activities.

5. GENERAL TERMS APPLICABLE TO PRODUCTS, APPLICATIONS AND SERVICES

5.1. Functionality Dependency

The functionality, outputs, analyses, reports, recommendations, insights, and overall usefulness of any Product depend on the Application, Online Portal, Services, and subscription plan used in connection with such Product.

The Product itself primarily functions as a data collection device. The scope, depth, frequency, format, and availability of data processing, visualization, AI-generated outputs, reports, recommendations, and other functionalities are determined by, and may vary depending on:

the specific Application and/or Online Portal capabilities used;
the version, configuration, and technical availability of the Application or Online Portal;
the subscription plan selected and its applicable limitations;
the scope of Services purchased, included, or otherwise made available;
the availability of specific features, content, or Services at a given time or in a given geography.

Certain functionalities may be available only through specific subscription plans, specific Applications or Online Portal capabilities, or as separate Services, and may not be included in the basic functionality of the Product or standard Application access.

The Provider does not guarantee that any specific feature, analysis, report, recommendation, or Service will be available under a particular subscription plan, included with a Product, or remain unchanged over time.

Where Services include analytical reports, educational content, guidance, recommendations, or other deliverables, such outputs are provided solely within the scope of the relevant Service and may rely on data generated by the Product, the Application, Online Portal, and/or third-party sources.

5.2. Prices

All prices for the Product, Application Subscription Plans, Services, and any related offerings are displayed on Our website, in the Application, or in the relevant Online Portal, as applicable.

Prices are indicated in the currency selected by You from the list of currencies made available by Us at the time of viewing or purchase. Not all currencies are available.

Displayed prices are valid only at the moment they are shown and may change at any time without prior notice. We do not guarantee that a displayed price will remain unchanged prior to the completion of the ordering process.

The total price of an order and the applicable delivery conditions may vary depending on the Products, Services, subscriptions to the Application, and other items included in the order. Different items may be subject to different prices, taxes, fees, delivery methods, delivery times, or shipping costs.

The final price and delivery conditions applicable to Your order, including any recurring charges for subscriptions, shall be determined based on the combined elements of the order and will be clearly presented to You prior to placing the order.

Once an order has been placed and expressly accepted by Us, the price confirmed in the order confirmation shall be binding and shall not be affected by subsequent price changes.

We have no influence over the applicable exchange rate or any currency conversion methodology which are defined by the Banks. Any differences resulting from currency conversion, as well as any bank fees, transaction costs or other charges imposed by banks or payment service providers, shall be borne solely by You and shall not be compensated by Us.

Special offers, discounts, or promotional conditions apply only if all stated conditions are fully met. If We do not have sufficient confirmation that the conditions for a special offer are fulfilled, such special conditions shall not apply, without prejudice to mandatory consumer rights under applicable law. Special offers may not be available or valid in certain countries.

5.3. Taxes and Additional Charges

The treatment of value added tax (VAT), customs duties, import levies, and any other taxes or governmental charges may vary depending on the Product, Subscription Plan, Service, the place of purchase, and the applicable distribution channel.

The applicable taxes and charges, if any, and whether they are included in the price, shall be clearly specified at the time of purchase and reflected in the relevant order, checkout, or confirmation documentation.

Unless expressly stated otherwise at the time of purchase, all displayed prices shall be deemed exclusive of VAT, customs duties, import levies, and any other similar taxes or charges. Any such taxes or charges imposed by authorities in the country of delivery, residence, or use shall be outside of Our control and shall be borne solely by You. We do not collect, administer, or determine such charges unless explicitly indicated at the time of purchase.

5.4. Payment Methods

Payment must be made using one of the payment methods made available on Our website, Online Portal or, where applicable, within the Application at the time the order or subscription is placed.

You are responsible for ensuring that the payment details provided are accurate and complete and that sufficient funds or credit are available. We shall not be liable for delays, failures, or non-performance resulting from incorrect, incomplete, or rejected payment instructions that are not attributable to Us.

Any bank fees, transaction charges, or other costs imposed by Your bank or payment service provider in connection with the payment shall be borne solely by You and shall not be reimbursed by Us.

5.5. Third-Party Payment Providers

We may offer payment methods provided by third-party payment service providers, such as Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden.

Where Klarna payment methods are offered, payment must be made to Klarna and may include, depending on availability:

Pay Later;
Pay in Installments.

Further information and Klarna’s user terms are available here, and general information on Klarna can be found here.

Where such payment methods are selected, payment is processed by the relevant third-party provider and the use of such payment method is subject to the terms and conditions of that provider. We do not control and are not responsible for the services, decisions, acceptance or refusal of payment, or other actions of third-party payment service providers.

Personal data may be processed by such third-party payment providers in accordance with their own privacy policies and applicable data protection laws, including, where applicable, Klarna’s privacy statement.

The availability of specific payment methods may vary by country, transaction type, or other factors and is not guaranteed.

5.6. Late Payment and Collection Costs

This section applies only where, under the applicable delivery or payment terms, the Product is shipped, Services are delivered or access to the Application is granted before full payment has been received.

If You fail to fulfil any payment obligation on time, We may notify You of the late payment and grant You a period of fourteen (14) days, starting from the day following receipt of such notice, to fulfil the outstanding payment obligation.

If payment is not received within this period, You shall be liable for statutory interest on the outstanding amount in accordance with applicable law. We shall also be entitled to recover reasonable extrajudicial collection costs incurred, to the extent permitted by applicable law.

Where Dutch law applies, such collection costs may amount to a maximum of:

15% of outstanding amounts up to €2,500;
10% of the next €2,500;
5% of the next €5,000, with a minimum of €40.

5.7. Limitation of Liability

5.7.1. General Limitation

To the maximum extent permitted by applicable law, We shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages arising from or related to the Product, Services or the Application, including but not limited to loss of profits, revenue, business, data, or reputation, or any injury to persons or animals.

5.7.2. Maximum Liability

Our total aggregate liability for all claims arising out of or in connection with the Product, the Application, or any related services, whether in contract, tort, or otherwise, shall not exceed the lesser of:

the total purchase price paid by You for the specific Product(s) or Plan giving rise to the claim; or
€10 (ten euros).

5.7.3. Misuse or Unauthorized Use

We shall not be liable for any damages, losses, or malfunctions resulting from improper or unintended use of the Product, Services or Application, or use contrary to instructions or guidelines.

5.7.4. Data and AI Limitation

We do not guarantee that the data generated, analyzed, or processed by the Product, the Application, Online Portal, or any related Services is accurate, complete, up to date, fit for a particular purpose or free from errors or omissions.

AI Outputs and any other information provided through the Product, Application, Online Portal, or Services shall not be relied upon as the sole basis for training decisions, riding decisions, health-related assessments, safety-critical actions, or any other decisions requiring professional judgment.

To the maximum extent permitted by applicable law, We shall not be liable for any direct or indirect consequences, losses, damages, or adverse outcomes arising from or related to the use, interpretation, or practical application of any data, AI Outputs, or other information provided through the Product, Application, Online Portal, or Services, whether by You (in the capacity of a Consumer or a Professional User) or by any other Professional User or a person authorized by You to access such information.

5.7.5. Scope of Limitation

For consumers outside the EU, Our liability is strictly limited to the extent permitted by applicable law.

These limitations apply regardless of the form of action, including breach of contract, tort (including negligence), strict liability, or any other legal theory. Any exceptions to these limitations shall be determined solely by applicable law.

5.8. Applicable Law and Dispute Resolution

5.8.1. Applicable Law

These General Terms, and any disputes or claims arising out of or in connection with the Product, the Application, or any related services, shall be governed by and construed in accordance with the laws of the Netherlands, excluding its conflict-of-law rules, unless mandatory provisions of applicable law provide otherwise.

5.8.2. Complaints Procedure

We maintain a complaints procedure that is adequately communicated and applies to all the Product, Services, the Application, including only officially distributed and licensed versions of the Application or Online Portal. Complaints are handled in accordance with this procedure and applicable law.

Any complaints relating to the performance of a contract, the Product, Services and the Application, or related services must be submitted to Us without undue delay after the issue has been identified and must include a clear and complete description of the complaint.

We will respond to submitted complaints within 14 days from the date of receipt. If a complaint requires a longer processing time, We will confirm receipt within this 14-day period and indicate when a substantive response can reasonably be expected.

Complaints may also be submitted through the complaints form available on the consumer section of the website of Thuiswinkel.org. In such case, the complaint will be forwarded both to Us and to Thuiswinkel.org.

The complainant shall allow Us a reasonable period, of at least four (4) weeks, to attempt to resolve the complaint in mutual consultation. If no solution is reached within this period, the complaint may qualify as a dispute and may be submitted to the applicable dispute resolution procedure, as further described in these General Terms.

5.8.3. Dispute Resolution and Jurisdiction

Any dispute arising out of or in connection with these General Terms, the Product, the Application, or Services shall, in the first instance, be submitted to the competent court in the Netherlands.

If You are a consumer and mandatory provisions of applicable law grant You the right to bring proceedings before a court in Your country of residence, such rights shall remain unaffected.

5.8.4. Thuiswinkel Disputes Committee

We are a member of Thuiswinkel.org and comply with the Thuiswinkel rules. Thuiswinkel.org guarantees the fulfillment of binding decisions imposed on its members by the Thuiswinkel Disputes Committee, up to a maximum amount of EUR 10,000 per binding decision, in accordance with the branch guarantee scheme. This guarantee applies exclusively to Consumers habitually resident in the Netherlands and only to agreements that fall within the scope of the Committee.

For Consumers residing outside the Netherlands, the Thuiswinkel Disputes Committee and the branch guarantee do not apply, unless mandatory applicable law provides otherwise.

The Thuiswinkel Disputes Committee and branch guarantee cover both the Product and the Application only to the extent that the Application is provided as part of, or in connection with, the agreement with the Consumer. If the Application is provided separately or as a subscription to Consumers outside the Netherlands, the Thuiswinkel procedures and guarantee do not apply.

Information about the Thuiswinkel Disputes Committee and the branch guarantee is available at www.thuiswinkel.org

5.8.5. Financial Services Complaints Institute (Kifid)

Where applicable under Dutch law, if a dispute cannot be resolved amicably, You may submit it to the Financial Services Complaints Institute (Kifid), in accordance with its rules and procedures, provided that the dispute falls within Kifid’s scope of competence.

This applies to disputes related to the Product or officially licensed versions of the Application.

Contact details of Kifid:
Financial Services Complaints Institute (Kifid)
P.O. Box 93257
2509 AG The Hague
The Netherlands
Website: www.kifid.nl

The outcome of any Kifid procedure shall be binding only where and to the extent provided for in its applicable rules.

5.8.6. Amendments to the General Terms

We may amend these General Terms from time to time. Any amended version shall become effective upon publication on Our website and shall apply from that moment onwards to all purchases of the Product and all use of the Application. Amendments shall apply to agreements already concluded only to the extent permitted by applicable law. It is Your responsibility to review the most current version of these General Terms prior to each purchase of the Product or use of the Application.

5.8.7. Hierarchy of Terms and Additional Stipulations

These General Terms constitute the entire agreement between You and Us with respect to the Product, Services and the Application. In the event of any conflict between these General Terms and any other information, communication, or documentation, these General Terms shall prevail, unless explicitly agreed otherwise in writing by Us. Any deviations from or additions to these General Terms shall only be binding if expressly agreed in writing by Us.

5.8.8. Language

In the event of discrepancies between different language versions of these General Terms, the English version shall prevail.