Terms of Service Agreement for Horse Tracking License

These Horse Tracking License Terms of Service (“Agreement”) constitute a binding contract between Pivo Inc. (“Pivo,” “we,” “us,” or “our”) and you, the licensee (“You,” “Your,” or “Licensee”). This Agreement governs your use of the Horse Tracking Basic software and services provided by Pivo.

By purchasing this license, you agree to the terms and conditions set forth herein. The Horse Tracking License grants you access to basic horse tracking features for the duration specified at the time of purchase—options include a 1-year, 2-year, or lifetime license.

This Agreement is effective immediately upon the completion of your Product Purchase Order (“Effective Date”). Please read these terms carefully, as they outline your rights and obligations regarding the use of Horse Tracking Basic.

Acceptance of Terms

By purchasing and using the Horse Tracking License, you agree to these Terms. If you do not agree, you may not use the Horse Tracking Basic features.

License Options

We offer various licensing options for our Horse Tracking Basic service. Specific details regarding each license duration, including pricing and features, can be found on our website at [ADD HORSE TRACKING LICENSE PAGE URL HERE] .

User Accounts

To access the Horse Tracking Basic features, you may need to create an account. You agree to provide accurate and complete information and to keep your account information updated. You are responsible for maintaining the confidentiality of your password and account information.

Use of the Service

You agree to use the Horse Tracking Basic features in compliance with all applicable laws and regulations. You shall not:

Use the features for any illegal or unauthorized purpose.

Interfere with or disrupt the service or servers connected to the Horse Tracking Basic features.

Transmit any harmful code or viruses.

License Duration

You may purchase the Horse Tracking License for one of the following durations:

1 Year

2 Years

Lifetime

License Grant

Upon purchase, Pivo grants you a non-exclusive, non-transferable license to use the Horse Tracking Basic service with your Pivo Pod Lite or any other Pivo Pod that does not have horse tracking technology enabled. This license is subject to the terms outlined herein.

Eligibility

Anyone can purchase the Horse Tracking License. However, this license is specifically useful for individuals who own:

A Pivo Pod Lite purchased in the past without horse tracking technology.

A Pivo Pod with horse tracking technology whose original license has expired.

If you do not meet these criteria, the Horse Tracking Basic service may not function with your device.

Restrictions and Responsibilities

You will not, directly or indirectly:

Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying structure of the Horse Tracking Basic features.

Modify, translate, or create derivative works based on the Horse Tracking Basic features, except as expressly permitted by Pivo.

Use the Horse Tracking Basic features for time-sharing or service bureau purposes or otherwise for the benefit of a third party.

Remove any proprietary notices or labels from the software or documentation.

Pivo grants you a non-exclusive, non-transferable, non-sublicensable license to use the Horse Tracking Basic features during the term of your license.

You represent and warrant that you will use the Horse Tracking Basic features in compliance with Pivo’s published policies and all applicable laws and regulations. You agree to indemnify and hold harmless Pivo against any damages, losses, liabilities, or expenses arising from any violation of these terms or your use of the Horse Tracking Basic features.

You are responsible for obtaining and maintaining any equipment necessary to access and use the Horse Tracking Basic features, including mobile devices, hardware, and software. You are also responsible for maintaining the security of your account, passwords, and files, and for all activities that occur under your account, whether or not you are aware of them.

License Fees, Payments, and Taxes

By purchasing the Horse Tracking License, you agree to pay the fees specified for your chosen license duration (1 year, 2 years, or lifetime). Payment is due at the time of purchase, and you authorize us to charge your payment method accordingly.

You will pay Pivo the applicable fees for the Horse Tracking Basic features as outlined in your purchase confirmation (“Fees”). If your usage requires additional payments or exceeds any specified limits, you agree to pay those additional Fees.

If you believe there has been an error in billing, please contact Pivo within 60 days of the date on the first billing statement where the error appeared to receive an adjustment or credit.

All fees are exclusive of applicable taxes, which Pivo will charge as necessary. You are responsible for all taxes related to the Horse Tracking License, except for U.S. taxes based on Pivo’s income. Payments to Pivo should be made without any deductions or withholdings. If you are required by law to make any deductions or withholdings, you must provide Pivo with documentation of this requirement and pay an additional amount to ensure Pivo receives the full payment it would have received without the deduction.

Cancellations and Refunds

Refer to Pivo's Return and Refund Policy: link

Intellectual Property

All content, features, and functionality of the Horse Tracking Basic service, including but not limited to text, graphics, logos, and software, are owned by Pivo Inc. or our licensors and are protected by intellectual property laws. No rights or licenses are granted to you except as expressly set forth in this Agreement.

Confidentiality and Data Privacy

You understand that Pivo may share information related to the Horse Tracking Basic service (collectively referred to as “Proprietary Information”). This includes non-public information about the features and functionality of the service.

You agree to take reasonable precautions to protect such Proprietary Information and not to disclose it to third parties, except as necessary for the performance of the Horse Tracking Basic service or as otherwise permitted in this Agreement.

You retain all rights to any personal data you provide to Pivo. Pivo may collect and analyze data related to the use of the Horse Tracking Basic service to improve the service. Pivo is committed to complying with applicable data privacy laws.

“Personal Information” refers to any information that can identify an individual, including names, addresses, phone numbers, email addresses, and payment information. You agree to provide necessary notices and obtain required consents regarding the use and disclosure of your personal information.

End of Life Policy

Pivo may, at its discretion, discontinue certain features or elements of the Horse Tracking Basic service (“End of Life” or “EOL”). If we decide to discontinue a feature, we will provide you with three (3) months’ notice, which may be communicated directly or posted on our website.

During this notice period, you may continue to use the EOL features as outlined in this Agreement. After the notice period, we will offer support for the last available version of the EOL features for an additional six (6) months, provided you continue to pay any applicable fees.

We encourage you to upgrade to the latest version before the end of the notice period to ensure continued access to support and features.

Limitation of Liability

To the fullest extent permitted by law, Pivo and its affiliates will not be liable for any claims related to this Agreement, except for claims involving bodily injury. Specifically, we are not responsible for:

Errors or interruptions in your use of the Horse Tracking Basic service.

Loss or corruption of data.

Any indirect or consequential damages.

Our total liability for any claims will not exceed the fees you paid for the Horse Tracking Basic service in the 12 months prior to the event that caused the claim.

Warranty and Disclaimer

Pivo will make reasonable efforts to maintain the Horse Tracking Basic service and minimize errors and interruptions. While we strive to provide reliable service, the service may be temporarily unavailable due to maintenance or issues beyond our control. We will attempt to notify you in advance of any scheduled disruptions via email or on our website.

However, Pivo does not guarantee that the Horse Tracking Basic service will be uninterrupted or error-free. The service is provided "as is," and we disclaim all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

Indemnification

Pivo agrees to hold you harmless from any liability awarded by a court due to infringement of U.S. or Canadian patents, copyrights, or trade secrets by the Horse Tracking Basic service, provided you promptly notify us of any claims and give us reasonable assistance in handling the matter.

This indemnification does not apply to claims arising from:

Components not supplied by Pivo.

Modifications made by you or per your specifications.

Changes made after delivery by Pivo.

Combinations with other products that relate to the alleged infringement.

Your continued use of the service after being notified of an infringement.

If a claim of infringement occurs and a court determines that the service is infringing, Pivo may, at its option and expense:

Replace or modify the service to be non-infringing while maintaining similar features.

Obtain a license for you to continue using the service.

If neither option is practical, terminate this Agreement and refund any prepaid, unused fees.

This section outlines your sole and exclusive remedies for infringement claims.

Changes to Terms

We may modify these Terms from time to time. We will notify you of any changes via email or through our website. Your continued use of the Horse Tracking Basic service after such changes constitutes your acceptance of the new Terms.

General

Enforceability: If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, so that the rest of the Agreement remains in full force and effect.

Entire Agreement: This Agreement constitutes the complete and exclusive agreement between you and Pivo regarding the Horse Tracking License. It supersedes any prior agreements or discussions.

Governing Law: These Terms shall be governed by and construed in accordance with the laws of the state of California, USA, without regard to its conflict of law principles.