Barnwiz Inc.

Terms of Use

Effective: April 1, 2024

These Terms of Use ("Terms") are a legal agreement between you and BarnWiz Inc., incorporated in Delaware with a registered office at 44679 Endicott Dr. Suite 300 – 546, Ashburn, VA 20147. The terms govern your access to and use of the BarnWiz Inc. mobile application (the "App") and website (the "Site"). By accessing or using the mobile App or website “Site” located at https://www.barnwiz.com (including https://www.barnwizapp.com and any of the subdomain or localized versions), our mobile application and websites, our social media sites, customer services representative via phone, email or in-person or any other access point we make available to you. By agreeing to these terms during the Sign-in process or accessing or using the BarnWiz Inc. services without an account, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, you may not access or use the App or Site. If you do not agree to these terms, you may NOT use the BarnWiz Inc. services.

1. Overview

Barnwiz Inc. provides a platform that connects individuals seeking equine professionals ("Professionals") including Listing (“Administrator”, or “Manager”) and or including an equine professional providing services (“Trainer”) with individuals seeking horse training services ("Riders"), horse training services by horse owners ("Owners"), or guardians of minors under the age of 18 ("Parents/Guardians"), individuals under the age of 18 (“Minors”), (collectively referred to as "Users"). Through the App, Professionals can create listings to advertise their services and create professional (“Trainer”) profiles. Riders, Owners, and Guardians can create profiles to seek out and connect with Professionals.

2. User Accounts

2.1. In order to access certain features of the App or Site, you must create a user account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

2.2. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify Barnwiz Inc. immediately of any unauthorized use of your account or any other breach of security.

2.3. By creating a user account, you agree to comply with the Children's Online Privacy Protection Act (COPPA) regulations. Barnwiz Inc. may require users to validate their age using a third-party service to ensure compliance with COPPA regulations. Users under the age of 18 must obtain parental consent before creating an account.

2.4. Users have the right to delete their account at any time through the Account settings. Upon deletion, all associated data and content will be permanently removed from the App and Site.

3. Professional Listings and Subscriptions

3.1. Professional Listings on the BarnWiz Inc. platform require a monthly subscription, facilitated through Apple or Google payment systems, depending on the user's device. Subscriptions are paid on a monthly basis.

3.2. Users who wish to maintain a "Published" listing on the platform must ensure they have an active Apple or Google account and maintain a current payment option. Failure to maintain an active subscription may result in the listing being unpublished or removed from the platform.

3.3. BarnWiz Inc. reserves the right to modify subscription fees or terms at any time, with notice provided to users. Continued use of the platform after such modifications constitutes acceptance of the new subscription terms.

4. User Conduct

4.1. You agree not to use the App or Site for any unlawful or unauthorized purpose.

4.2. You agree not to use the App or Site to:

  • Violate any applicable laws or regulations;

  • Infringe upon the intellectual property rights of others;

  • Harass, abuse, or harm another person;

  • Interfere with or disrupt the operation of the App or Site;

  • Impersonate any person or entity;

  • Engage in any fraudulent activity;

  • Collect or store personal data about other users without their consent;

  • Use any automated means to access the App or Site.

5. Content

5.1. Barnwiz Inc. does not claim ownership of any content that you submit or make available through the App or Site. By submitting or making content available, you grant Barnwiz Inc. a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and sublicensable license to use, reproduce, distribute, modify, adapt, create derivative works of, publicly display, and perform such content in connection with the operation and promotion of the App and Site.

5.2. You agree not to submit or make available any content that:

  • Infringes upon the intellectual property rights of others;

  • Is unlawful, obscene, defamatory, libelous, threatening, harassing, abusive, or discriminatory;

  • Contains viruses, worms, or any other harmful code;

  • Is false or misleading.

6. Third-Party Services

6.1. The App or Site may contain links to third-party websites or services that are not owned or controlled by Barnwiz Inc. Barnwiz Inc. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Barnwiz Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

7. Disclaimers

7.1. The App and Site are provided on an "as is" and "as available" basis. Barnwiz Inc. makes no representations or warranties of any kind, express or implied, regarding the operation or availability of the App or Site.

7.2. Barnwiz Inc. does not guarantee the accuracy, completeness, or reliability of any content or information provided by Users or Professionals.

8. Limitation of Liability

8.1. To the fullest extent permitted by applicable law, in no event shall Barnwiz Inc. be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:

  • Your access to or use of or inability to access or use the App or Site;

  • Any conduct or content of any third party on the App or Site.

9. Indemnification

9.1. You agree to indemnify and hold harmless Barnwiz Inc. and its officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the App or Site, or your violation of these Terms.

10. Governing Law

10.1. These Terms shall be governed by and construed in accordance with the laws of the state of Delaware, without regard to its conflict of law principles.

10.2. Any unauthorized use of the trademarked name "BarnWiz Inc." or any trademark owned by BarnWiz Inc. is strictly prohibited and may result in legal action.

10.3. Users agree not to copy the concept of the BarnWiz Inc. mobile application, including but not limited to its functionality, design, and business concepts, without prior written consent from BarnWiz Inc. Unauthorized copying or replication of the App's concept may result in legal action.

11. Changes to Terms

11.1. Barnwiz Inc. reserves the right to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

12. Contact Us

12.1. If you have any questions about these Terms, please contact us at info@barnwiz.com.

By using the Barnwiz Inc. App or Site, you acknowledge that you have read, understood, and agree to be bound by these Terms.