Terms of Service

As used in these Terms of Service ("Terms"), the following terms have the meanings set forth below:

• "Agreement" means these Terms of Service, together with the Privacy Policy, End User License Agreement (EULA), Acceptable Use Policy, Cookie Policy, and any other policies incorporated by reference.
• "AI Features" means the artificial intelligence–powered tools integrated into the Platform, including OpenAI Whisper voice transcription and Anthropic Claude AI session summary generation.
• "App" or "Application" means the EquiWyze mobile application distributed through the Apple App Store and Google Play Store.
• "Company," "we," "our," or "us" means EquiWyze, LLC, a limited liability company, and its members, managers, officers, agents, employees, successors, and assigns.
• "Equine Practitioner" means a licensed or unlicensed professional providing equine-related services, including but not limited to equine veterinarians, farriers, equine chiropractors, equine acupuncturists, equine nutritionists, equine massage therapists, bodywork practitioners, and other equine care providers.
• "Platform" means the EquiWyze software-as-a-service (SaaS) platform, including the App, website, APIs, and all related services, features, and functionality.
• "Subscription" means a paid or trial access plan that grants a User the right to access and use the Platform features associated with that plan.
• "User," "you," or "your" means any individual or entity who accesses, uses, or registers for an account on the Platform.
• "WyzeScore" means the bidirectional rating and review system built into the Platform, as further described in Section 6.

2.1 Age Requirements — You must be at least eighteen (18) years of age to create an account or use the Platform. By accessing or using the Platform, you represent and warrant that you are at least 18 years old. The Platform is not directed to, and we do not knowingly collect personal information from, individuals under the age of 13 (or 16 where applicable under applicable law).

2.2 Professional Use — The Platform is designed for use by Equine Practitioners and their authorized staff. By registering, you represent that you are using the Platform for lawful professional or business purposes. EquiWyze does not verify, and is not responsible for verifying, the professional qualifications, licenses, certifications, or credentials of any User.

2.3 Entity Users — If you are accessing the Platform on behalf of a business, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, and "you" and "your" shall refer to both you individually and such entity.

3.1 Registration — To access certain features of the Platform, you must create an account by providing accurate, current, and complete information. You agree to maintain and promptly update your account information to keep it accurate and current.

3.2 Account Security — You are solely responsible for: (a) maintaining the confidentiality of your account credentials; (b) all activities that occur under your account; (c) any harm resulting from unauthorized use of your account. You agree to notify us immediately if you become aware of any unauthorized access to or use of your account.

3.3 Account Accuracy — You agree not to (i) create an account under false pretenses, (ii) impersonate any person or entity, or (iii) misrepresent your professional qualifications, credentials, or licensure status on the Platform.

3.4 One Account Per User — Unless otherwise agreed in writing by EquiWyze, each individual may maintain only one account. Accounts are non-transferable.

4.1 Nature of the Platform — EquiWyze is a software technology platform, not a professional services provider. The Platform provides tools that allow Equine Practitioners to document, organize, and manage their professional activities. EquiWyze is NOT an equine veterinary service, nutritional counseling service, farriery service, chiropractic service, acupuncture service, bodywork service, or any other professional service provider.

4.2 No Professional Services — The Platform does not provide veterinary advice, medical advice, nutritional recommendations, treatment plans, diagnoses, prognoses, or any other professional services. Nothing on the Platform constitutes professional advice or creates a professional-client relationship between EquiWyze and any User, horse owner, or animal.

4.3 No Verification of Practitioner Qualifications — EquiWyze does not verify, credential, license, certify, or otherwise evaluate the professional qualifications of any Equine Practitioner using the Platform. The presence of a practitioner's profile on the Platform does not constitute any endorsement, recommendation, or certification by EquiWyze.

4.4 Practitioner Sole Responsibility — Each Equine Practitioner User is solely responsible for: (a) all professional services rendered in connection with their use of the Platform; (b) exercising independent professional judgment in all clinical decisions; (c) complying with all applicable professional licensing laws, regulations, and standards of care; (d) obtaining all necessary licenses, certifications, and permits required to practice in their jurisdiction; (e) maintaining appropriate professional liability insurance; (f) the accuracy, completeness, and appropriateness of all Content entered into the Platform.

5.1 Nature of AI Features — The Platform incorporates AI Features, including: Whisper Transcription (AI-powered voice-to-text transcription) and Claude AI Session Summaries (AI-powered tool that generates summary drafts based on session notes and transcriptions).

5.2 AI Tools Only — Not Clinical Assessments

5.3 Mandatory Practitioner Review — Before sharing, transmitting, or using any AI-generated output with or for any client, horse owner, or other third party, the Equine Practitioner must: (a) review the AI output in its entirety; (b) verify the accuracy of all factual content; (c) edit the output to ensure it accurately reflects the practitioner's professional assessment and findings; (d) confirm that the output complies with all applicable professional standards and legal requirements. Practitioners must not share unreviewed AI-generated content as their own professional documentation.

5.4 No Warranty of AI Accuracy — EQUIWYZE MAKES NO WARRANTY REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, OR FITNESS FOR ANY PURPOSE OF ANY AI-GENERATED OUTPUT. AI MODELS MAY PRODUCE ERRORS, OMISSIONS, HALLUCINATIONS, OR MISLEADING CONTENT. EQUIWYZE IS NOT RESPONSIBLE FOR ANY HARM, PROFESSIONAL LIABILITY, REGULATORY ACTION, OR OTHER CONSEQUENCES ARISING FROM THE USE OF OR RELIANCE ON AI-GENERATED OUTPUTS.

5.5 Third-Party AI Providers — The AI Features are powered by third-party AI providers (currently OpenAI and Anthropic). Use of the AI Features is also subject to those providers' terms of service. We do not control third-party AI providers and are not responsible for their operations, data practices, or output quality.

6.1 Overview — The WyzeScore is a bidirectional rating system within the Platform that allows Equine Practitioners and their clients to rate one another after a session or engagement.

6.2 Blind Double-Submit — The WyzeScore system uses a blind double-submit mechanism: ratings are not revealed to either party until both parties have submitted their ratings, or until the rating window expires, whichever comes first.

6.3 Minimum Rating Threshold — A minimum of three (3) ratings from distinct parties is required before an aggregate WyzeScore is displayed on a practitioner's or client's profile.

6.4 No Guarantee of Accuracy — EquiWyze does not verify the accuracy, authenticity, or fairness of any WyzeScore rating or review. Ratings are User-generated content and do not represent the views or endorsements of EquiWyze.

6.5 Rating Integrity — Users are prohibited from submitting fraudulent, fake, coerced, or otherwise dishonest ratings. Violation of this rule may result in account suspension or termination.

7.1 Subscription Tiers — The Platform is offered on a subscription basis with multiple pricing tiers. Current pricing and plan details are available at equiwyze.com/Pricing. We reserve the right to modify our pricing tiers at any time, with notice as provided in these Terms.

7.2 Payment Processing — All payments are processed through our third-party payment processors, currently Stripe and/or PayPal. EquiWyze does not store, retain, or have access to your full credit card number, bank account details, or other sensitive payment credentials.

7.3 Billing Cycle — Subscriptions are billed on a recurring basis (monthly or annual, as selected). Your billing cycle begins on the date you first subscribe or, in the case of a paid plan following a free trial, on the date your trial ends.

7.4 Price Changes — We reserve the right to change our Subscription fees at any time. We will provide you with at least thirty (30) days' advance written notice of any price increase, delivered via email to the address associated with your account or via an in-app notice.

7.5 Taxes — Prices do not include applicable taxes (including GST, HST, sales tax, or similar levies) unless expressly stated. You are responsible for all taxes applicable to your Subscription.

7.6 Refunds — Except as required by applicable law, all fees are non-refundable once charged, except in cases of verifiable billing errors attributable to EquiWyze. If you believe a charge was made in error, contact us within thirty (30) days of the charge.

8.1 Trial Period — We may offer a free trial of the Platform for a limited period ("Trial Period"). The length of the Trial Period will be specified at the time of sign-up.

8.2 Payment Method Required — A valid payment method may be required to initiate a free trial. If you do not cancel before the end of the Trial Period, your payment method will be automatically charged for the applicable Subscription plan at the then-current rate.

8.3 Restrictions — We reserve the right to limit the availability of free trials, restrict eligibility (e.g., one trial per person or entity), or discontinue the free trial offering at any time.

9.1 Auto-Renewal Terms — Your Subscription will automatically renew at the end of each billing cycle (monthly or annual, as applicable) at the then-current Subscription rate, unless you cancel before the renewal date. Your payment method will be charged automatically on the renewal date without further action by you.

9.2 California Automatic Renewal Law (ARL) Disclosure — The following disclosures are required under California Business and Professions Code §§ 17600–17606: Your Subscription will automatically renew on a monthly or annual basis at the then-current rate. Unless you cancel, we will charge your payment method at each renewal. You may cancel at any time. We will notify you at least 30 days before any material change to your Subscription price.

9.3 Cancellation Instructions

• In-App: Navigate to Settings → Subscription → Cancel Subscription
• Email: support@equiwyze.com
• App Store / Google Play: Through your device's subscription management settings

10.1 License Grant — Subject to your compliance with these Terms and payment of applicable Subscription fees, EquiWyze grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform solely for your own lawful professional purposes in accordance with these Terms.

10.2 Restrictions — You agree not to, and not to permit any third party to:

• Copy, reproduce, distribute, or publicly display the Platform or any portion thereof
• Modify, translate, adapt, or create derivative works of the Platform
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Platform
• Sublicense, sell, resell, transfer, assign, or otherwise commercially exploit the Platform
• Use the Platform for competitive analysis or to build a competing product or service
• Scrape, harvest, or extract data from the Platform by automated means
• Use the Platform for any illegal, fraudulent, or unauthorized purpose

11.1 Ownership — You retain ownership of all User Content you submit to the Platform. By submitting User Content, you represent that you have all necessary rights to grant the licenses set forth in this Section.

11.2 License to EquiWyze — By submitting User Content to the Platform, you grant EquiWyze a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, display, distribute (internally), modify, and use your User Content solely to the extent necessary to provide, maintain, and improve the Platform and to comply with legal obligations.

11.3 Feedback — If you provide EquiWyze with suggestions, ideas, feedback, or improvements ("Feedback"), you grant EquiWyze a perpetual, irrevocable, royalty-free license to use such Feedback for any purpose without compensation to you.

11.4 Horse Owner and Client Privacy — When entering information about horse owners, clients, or other third parties, you are solely responsible for ensuring you have the legal right to collect and process such information and for complying with all applicable privacy laws.

12.1 EquiWyze Ownership — The Platform, including all software, algorithms, designs, text, graphics, interfaces, logos, trademarks, and other content provided by EquiWyze, is and remains the exclusive property of EquiWyze, LLC and/or its licensors. Nothing in these Terms transfers any ownership interest in the Platform to you.

12.2 Trademarks — "EquiWyze," "WyzeScore," and associated logos and marks are trademarks of EquiWyze, LLC. You may not use these marks without the prior written consent of EquiWyze.

Your use of the Platform is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Platform, you acknowledge and consent to our data practices as described in the Privacy Policy.

The Platform may integrate with or link to third-party services, applications, or websites ("Third-Party Services"), including Stripe, PayPal, OpenAI, and Anthropic. Your use of Third-Party Services is subject to the terms and privacy policies of those third parties, over which EquiWyze has no control. EquiWyze is not responsible for the availability, accuracy, security, or content of Third-Party Services.

Your use of the Platform is subject to our Acceptable Use Policy, which is incorporated into these Terms by reference. Violations of the Acceptable Use Policy may result in suspension or termination of your account. Key prohibited conduct includes:

• Submitting fraudulent, fake, or coerced WyzeScore ratings
• Misrepresenting your professional qualifications or credentials
• Using the Platform in connection with unauthorized practice of a regulated profession
• Attempting to gain unauthorized access to any part of the Platform
• Transmitting malware, viruses, or other harmful code
• Harassing, threatening, or discriminating against any User
• Using the Platform for any unlawful purpose

To the fullest extent permitted by applicable law, you agree to indemnify, defend (at EquiWyze's option), and hold harmless EquiWyze, LLC and each of its members (Nicole Zaia and Rachel Devick), managers, officers, employees, agents, contractors, licensors, successors, and assigns from and against any and all claims, demands, actions, losses, damages, liabilities, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use of or access to the Platform
• Any professional services you perform or fail to perform
• Any User Content you submit, transmit, or make available through the Platform
• Your violation of these Terms, the Privacy Policy, the Acceptable Use Policy, or any other incorporated policy
• Your violation of any applicable law, regulation, or third-party right
• Your misrepresentation of your professional qualifications, credentials, or capabilities
• Your use of or reliance on AI-generated outputs without performing required review

19.1 Informal Resolution — Before initiating formal dispute proceedings, you agree to contact EquiWyze at support@equiwyze.com and provide a written description of your dispute, including the relief sought. The parties agree to negotiate in good faith for at least thirty (30) days before proceeding to arbitration.

19.2 Binding Arbitration — Except as provided below, any dispute, claim, or controversy arising out of or relating to these Terms, the Platform, or your relationship with EquiWyze shall be resolved by binding individual arbitration. Judgment on the arbitration award may be entered in any court of competent jurisdiction.

19.3 Class Action Waiver — YOU AND EQUIWYZE EACH WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. All disputes must be brought in an individual capacity. Note: The arbitration clause and class action waiver do not apply to Quebec consumers to the extent prohibited by the Quebec Consumer Protection Act. Ontario, British Columbia, and Alberta consumers retain their rights to commence proceedings in their home province courts as provided under applicable provincial consumer protection legislation.

19.4 Small Claims Court — Either party may bring an individual action in a small claims court of competent jurisdiction, provided the dispute qualifies under that court's jurisdictional limits.

19.5 Time Limitation — Any claim arising out of or relating to these Terms or the Platform must be brought within one (1) year after the cause of action accrues, or it is permanently waived and barred. This limitation does not apply where prohibited by applicable law.

These Terms and any disputes arising from them shall be governed by and construed in accordance with the laws of the United States, without regard to conflict of law principles.

Canadian Exceptions — For users located in Canada where mandatory local law applies, nothing in this Section limits any statutory consumer rights that cannot be waived by contract under applicable Canadian federal or provincial law.

21.1 Termination by You — You may terminate your account at any time by following the account deletion process in the App settings or by contacting us. Termination does not entitle you to a refund of prepaid fees, except as required by applicable law.

21.2 Termination or Suspension by EquiWyze — We reserve the right, at our sole discretion, to suspend or terminate your account and access to the Platform at any time, with or without notice, for any reason, including: (a) actual or suspected violation of these Terms, the Acceptable Use Policy, or other policies; (b) conduct that poses a risk of legal liability to EquiWyze or other Users; (c) fraudulent, abusive, or deceptive activity; (d) non-payment of fees; (e) discontinuation of the Platform or a feature.

21.3 Data Portability Upon Termination — Prior to account deletion, you may request an export of your User Content and Horse Records by contacting us. We will use commercially reasonable efforts to make such data available for a period of thirty (30) days following notice of termination.

EquiWyze shall not be liable for any delay or failure to perform its obligations under these Terms arising from events beyond EquiWyze's reasonable control, including but not limited to: acts of God, natural disasters, pandemic, epidemic, war, terrorism, civil unrest, governmental actions, embargoes, labor disputes, Internet or telecommunications failures, power outages, cyberattacks, or failures of third-party service providers (including payment processors and AI providers).

23.1 Federal Privacy Law (PIPEDA) — If you are located in Canada, we process your personal data in accordance with PIPEDA and applicable provincial privacy laws. You have the right to access and correct your personal information and may file a complaint with the Office of the Privacy Commissioner of Canada (OPC).

23.2 Canadian Anti-Spam Legislation (CASL) — EquiWyze complies with CASL. We will not send you commercial electronic messages without your express opt-in consent or valid implied consent. All commercial messages include sender identification, contact information, and a functional unsubscribe mechanism.

23.3 Quebec — Consumer Protection Act and Language Requirements — Quebec consumers have the right to resolve disputes in Quebec courts, notwithstanding any forum selection clause in these Terms; the arbitration clause in Section 19 does not apply to Quebec consumers to the extent prohibited by the Quebec Consumer Protection Act; and the class action waiver in Section 19.3 does not apply to Quebec consumers to the extent it conflicts with Quebec law. [ACTION REQUIRED: Commission certified French translation before Quebec launch.]

23.4 Ontario, British Columbia, and Alberta — Consumers in these provinces retain their rights to commence proceedings in their home province courts, and the arbitration clause is subject to applicable provincial consumer protection legislation to the extent it conflicts with mandatory consumer protections.

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by: (a) posting the updated Terms on the Platform; (b) updating the "Last Updated" date; and (c) providing notice via email or in-app notification. Your continued use of the Platform after the effective date of any change constitutes your acceptance of the modified Terms.

25.1 Entire Agreement — These Terms, together with the Privacy Policy, EULA, Acceptable Use Policy, Cookie Policy, DMCA Policy, and any applicable Data Processing Addendum, constitute the entire agreement between you and EquiWyze with respect to the Platform.

25.2 Severability — If any provision of these Terms is found to be invalid, illegal, or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

25.3 Waiver — No failure or delay by EquiWyze in exercising any right shall constitute a waiver of that right. Any waiver must be in writing and signed by an authorized representative of EquiWyze to be effective.

25.4 Assignment — You may not assign or transfer your rights or obligations under these Terms without EquiWyze's prior written consent. EquiWyze may freely assign these Terms, in whole or in part, including in connection with a merger, acquisition, or sale of assets.

25.5 Electronic Signatures and Agreements — You agree that these Terms, entered into electronically, are as legally binding as a paper contract signed in ink. Electronic acceptance (including clicking "Agree" or using the Platform) constitutes your signature.