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TERMS OF USE, PRIVACY POLICY, AI DISCLAIMERS, ARBITRATION AGREEMENT

USER ACCEPTANCE (SINGLE CLICK-THROUGH)
By creating an account, accessing, or using the Equigenix application (the “App”), you affirmatively acknowledge and agree to the following:
“I agree to the Terms of Use, Privacy Policy, AI Disclaimers, and Arbitration Agreement.”

This acceptance constitutes a legally binding agreement between you and Noble Arabians LLC governing all use of the App. If you do not agree to these Terms, you must not access or use the App.

Your acceptance is legally binding whether given electronically, implicitly through use, or on behalf of an organization. If you use the App on behalf of an entity, you represent and warrant that you have full authority to bind that entity.

1. DEFINITIONS

For purposes of this Agreement:

  • “App” means all Equigenix software, mobile applications, web platforms, APIs, AI systems, analytical engines, reports, scoring tools, judging tools, virtual show features, updates, and related services.
  • “User” means any individual or entity accessing or using the App.
  • “Horse Data” means all images, videos, measurements, biometric data, scores, summaries, metadata, identifiers, and derived outputs related to a horse.
  • “User Content” means any data, images, videos, text, or information submitted by a User.
  • “Reports” means any analytical outputs, including regular reports and certified reports.
  • “Certified Reports” means reports designated as certified by the App, subject to stated validity periods.
  • “AI” means machine-learning, statistical, probabilistic, or algorithmic systems used by the App.
  • “Virtual Shows” means any digital competitions, judging events, or scoring activities conducted within the App.
  • “Credits” means usage-based units associated with reports or features.
  • “Beta Features” means features designated as experimental or under development.

Definitions apply regardless of capitalization and include singular and plural forms.

2. ELIGIBILITY & ACCOUNT RESPONSIBILITY

You represent that you are legally capable of entering this Agreement and that all information you provide is accurate and current. You are solely responsible for all activity under your account.

Using the App requires an Account. You agree to provide accurate, current, and complete information and to maintain its accuracy. You are solely responsible for maintaining the confidentiality of your credentials and for all activity conducted through your Account, whether authorized or not. You must notify the App immediately of any unauthorized access or security breach. The App may require credential resets, verification, or other protective measures.

The App may suspend or terminate Accounts at any time for security, compliance, operational, or business reasons.

3. SOFTWARE LICENSE AND USE

The App is licensed, not sold.
You are granted a limited, revocable, non-exclusive, non-transferable license to access and use the App solely in accordance with this Agreement.

You may not:

  • reverse engineer, decompile, disassemble, or attempt to extract source code or models;
  • scrape, harvest, or systematically extract data or outputs;
  • manipulate inputs or outputs to mislead or gain unfair advantage;
  • bypass feature gating or subscription controls;
  • use the App to replicate, compete with, or undermine Equigenix.

Violation may result in immediate suspension, termination, or legal action.

4. INTELLECTUAL PROPERTY AND COPYRIGHT

All intellectual property rights in the App, including software, AI models, reports, measurements, scoring logic, text, graphics, and interfaces, are owned by Noble Arabians LLC or its licensors.

No ownership rights are transferred to users. No implied licenses are granted.

All content, software, algorithms, methodologies, analytical processes, scoring systems, reports, summaries, visualizations, user interfaces, look and feel, and other materials provided through the App are the exclusive property of the Company or its licensors and are protected by applicable US and international copyright laws, patent laws, trademark laws, database rights, and other intellectual property and proprietary rights.

Certain features, methodologies, analytical processes, scoring systems, and software components of the App are proprietary to the Company and are protected, or may be protected, by copyright, patent applications, issued patents, trade secrets, and other intellectual property rights in one or more jurisdictions worldwide.

Unauthorized use, reproduction, extraction, adaptation, publication, transmission, or exploitation of any portion of the App or its underlying technology is strictly prohibited and may result in civil and criminal liability under applicable laws.

5. DATA, CONTENT, AND AI TRAINING RIGHTS

By using the App, you grant Noble Arabians LLC a perpetual, irrevocable, worldwide, royalty-free, sublicensable license to:

  • collect, store, process, analyze, reproduce, modify, aggregate, de-identify, commercialize, share, and sell such data for purposes including AI training, analytics, research, and product development, without notice or compensation and derive insights from all User Content and Horse Data;
  • use such data to operate, improve, validate, train, and evolve AI Systems;
  • create derived datasets and analytical outputs;
  • share, license, or sell all aggregated or de-identified data.

This may occur without notice, attribution, or compensation, provided personal or private identifying information is not disclosed.

Noble Arabians LLC may retain de-identified data indefinitely.

6. AI USE, LIMITATIONS, AND EVOLVING TECHNOLOGY

The App uses AI-based analysis that is probabilistic, evolving, and inherently uncertain. Outputs may change over time and are not guaranteed to be accurate.

Outputs:

  • depend on input quality and capture conditions;
  • are subject to model limitations;
  • may change over time as systems evolve;
  • are not guaranteed to be accurate, complete, or consistent.

Past results do not guarantee future results.

7. NON-DIAGNOSTIC AND NO-RELIANCE DISCLAIMER

The App does not provide:

  • veterinary diagnoses;
  • medical advice or treatment recommendations;
  • breeding advice;
  • purchase or sale recommendations;
  • discipline or training selection advice;
  • official judging decisions.

You agree not to rely on the App for medical treatment, purchase or sale decisions, insurance, valuation, breeding, or professional judgment.

8. USE AT YOUR OWN RISK

Use of the App is entirely at your own risk.

You assume full responsibility for decisions, actions, or outcomes based on App outputs.

9. JUDGING, SCORING, AND VIRTUAL SHOWS

Judging, scoring, and virtual show features are analytical and assistive only.

They:

  • do not replace human judges or governing bodies;
  • may not conform to any specific organization’s rules;
  • may change without notice.

Noble Arabians LLC disclaims liability for rankings, placements, outcomes, or disputes.

10. SUBSCRIPTIONS, BILLING, CANCELLATIONS & REFUNDS

Subscriptions auto-renew unless canceled prior to renewal. Fees are billed in advance. All fees are non-refundable, except where required by law. No refunds for unused time, credits, reports, dissatisfaction, or changes in horse condition.

Subscriptions, Billing, Cancellations, and Refunds

Subscription Plans

Certain features of the App are available only through paid subscription plans. Subscription tiers, pricing, included features, usage limits, and billing frequency are described within the App and may be modified by the Company from time to time in its sole discretion.

All subscriptions are personal, non-transferable, and tied to the User account under which they were purchased.

Billing and Auto-Renewal

Paid subscriptions are billed in advance on a recurring basis (monthly or annually, as applicable). Subscriptions automatically renew at the end of each billing period unless canceled prior to the renewal date.

By purchasing a subscription, you authorize the Company and/or the applicable app store (e.g., Apple App Store, Google Play) to charge your selected payment method for the applicable subscription fees, taxes, and any additional charges incurred under your account.

Price Changes

The Company reserves the right to change subscription pricing, introduce new fees, or modify billing structures at any time. Any price changes will apply prospectively and, where required by law, you will be notified in advance.

Continued use of a subscription after a price change becomes effective constitutes acceptance of the new pricing.

Cancellation

Users may cancel their subscription at any time through:

  • the App’s account settings, or

  • the applicable app store through which the subscription was purchased.

Cancellation prevents future renewals only. You will retain access to paid features until the end of the current billing period. No prorated credits will be issued for unused time unless required by applicable law.

Refunds

All subscription fees are non-refundable, except where refunds are required by applicable law or expressly granted by the Company in its sole discretion.

The Company does not provide refunds, credits, or exchanges for:

  • partially used billing periods,

  • unused reports or credits,

  • dissatisfaction with analysis results,

  • changes in horse condition,

  • feature availability, accuracy, or interpretation.

Refund requests for subscriptions purchased through third-party app stores are subject to the refund policies of those platforms, and the Company has no control over their decisions.

Usage Limits and Fair Use

Subscription plans may include limits on:

  • number of reports,

  • certified reports,

  • analyses,

  • historical access,

  • storage duration,

  • or other usage-based features.

Exceeding plan limits may require:

  • purchase of additional credits,

  • upgrade to a higher tier,

  • or waiting until the next billing cycle.

The Company reserves the right to enforce reasonable fair-use policies to prevent abuse, excessive consumption, or misuse of system resources.

Suspension or Termination

The Company may suspend or terminate subscriptions, without refund, if a User:

  • violates these Terms,

  • engages in fraud, manipulation, or misrepresentation,

  • attempts to exploit pricing, credits, or subscription structures,

  • or otherwise abuses the App or its services.

No Guarantee of Availability or Outcomes

The Company does not guarantee:

  • uninterrupted access to subscription features,

  • availability of any specific feature or test,

  • continued inclusion of any feature in a particular subscription tier,

  • or that any analysis, score, or report will meet a User’s expectations or needs.

Acknowledgment

By purchasing or using a subscription, you acknowledge that:

  • subscription fees are charged regardless of results or outcomes,

  • AI-based analysis is probabilistic and evolving,

  • and your use of subscription features is at your own risk.

11. CREDITS & USAGE LIMITS

Credits, usage limits, and feature availability vary by subscription tier and may change at the Company’s discretion. Unused credits may expire.

12. ECAHO ALIGNMENT CLAUSE

Arabian Horse Judging Alignment
The Equigenix application includes analytical, judging, scoring, and virtual show features intended to reflect widely recognized principles of Arabian horse evaluation.

Where applicable, Equigenix’s judging logic, class structures, scoring categories, and presentation formats are informed by internationally recognized Arabian horse show standards, including principles published by the European Conference of Arab Horse Organizations (ECAHO).

Equigenix is not affiliated with, sanctioned by, or acting on behalf of ECAHO, and use of the App does not constitute participation in an official ECAHO-affiliated show.

All virtual shows, judging results, scores, rankings, and awards generated within the App are governed exclusively by Equigenix rules, as defined in the Virtual Show Rules and Terms of Use.

13. Equigenix Virtual Show Rules

13.1. Scope and Purpose
These Virtual Show Rules govern participation in all Equigenix virtual shows, judging events, rankings, scoring activities, and related features.
By entering a horse into a virtual show or participating in judging or scoring activities, users agree to comply with:

  • these Virtual Show Rules,
  • the Terms of Use,
  • the Fraud, Misrepresentation, and Cheating Policy.

13.2. Eligibility and Responsibility
The user submitting a horse is deemed the responsible party for that horse.
The responsible party confirms that:

  • the horse identity, age, registration, and ownership information are accurate,
  • all submitted images and videos depict the correct horse,
  • submitted materials are current, unaltered, and representative.

Equigenix does not independently verify horse identity unless explicitly stated.

13.3. Submission Requirements
Virtual show entries may require:

  • horse identification details,
  • images and/or video recorded according to app instructions,
  • discipline-specific formats (e.g., halter presentation, walk, trot).

Failure to follow submission guidelines may result in exclusion or invalidation. Any user engaging in improper use of the application or engages in any associated fraudulent behavior or action shall forfeit any and all prize money, fees, or payments and shall be subject to legal action.

13.4. Judging and Evaluation Principles
Horses may be evaluated based on:

  • conformation and type,
  • movement at walk and trot,
  • balance, rhythm, and presentation,
  • discipline-specific criteria.

Judging may be performed by:

  • AI-based analytical systems,
  • human judges,
  • or a combination thereof.

Judging outputs are informational and comparative, not determinative of real-world merit.

13.5. Soundness and Movement
Horses that display movement irregularities or apparent lameness:

  • may still be evaluated and placed,
  • may receive lower scores or annotations,
  • may be flagged for informational purposes.

Equigenix does not perform veterinary examinations and does not exclude horses based solely on AI-detected movement irregularities.

13.6. Scoring and Rankings
Scoring systems may include:

  • category-based scores (e.g., type, movement),
  • total scores,
  • rankings or placements.

Tie-breaking logic may consider:

  • category emphasis (e.g., type, movement),
  • total scores,
  • predefined app logic.

Scoring logic may evolve over time.

13.7. Championships and Awards
Virtual championships or awards:

  • are symbolic and app-specific,
  • may follow different formats depending on event type,
  • do not imply official recognition.

Participation in championships may require continued availability of the horse during the event window.

13.8. Conduct and Welfare
Users must not:

  • submit content that depicts cruelty, abuse, or dangerous handling,
  • encourage unsafe behavior for the purpose of scoring,
  • misrepresent a horse’s condition or presentation.

Equigenix may exclude any entry that raises welfare concerns.

13.9. Fraud, Misrepresentation, and Cheating
The following are prohibited:

  • manipulated, staged, or edited images or videos,
  • reused or misattributed content,
  • false identity or registration data,
  • attempts to influence or game scoring outcomes,
  • collusion between users or judges.

Equigenix may, at its sole discretion:

  • invalidate entries or results,
  • revoke awards or certifications,
  • suspend or terminate accounts,
  • deny access to future events,
  • Take legal action.

No explanation is required.

13.10. Conflicts of Interest
Human judges must disclose actual or perceived conflicts of interest.
Equigenix may:

  • remove a judge’s scores,
  • exclude a judge from an event,
  • adjust results accordingly.

Failure to disclose conflicts may result in removal or sanctions.

13.11. Complaints and Challenges
Users may submit challenges to results using in-app mechanisms.
Review outcomes are discretionary and final.
Equigenix is not obligated to modify results or provide detailed explanations.

13.12. Data Use and Publication
By participating, users grant Equigenix the right to:

  • display results, rankings, and scores within the App or on other media and platforms,
  • use anonymized data for analytics and AI improvement,
  • reference participation in aggregate statistics.

13.13. No Guarantees
Equigenix makes no guarantees regarding:

  • accuracy of scores,
  • consistency of judging,
  • competitive outcomes,
  • future availability of features.

13.14. Testing
Equigenix may require testing prior to finalizing rankings or discharging prize money.

13.15. Amendments
These Virtual Show Rules may be updated at any time.
Continued participation constitutes acceptance of updates.

14. FRAUD, MISREPRESENTATION, AND CHEATING

Prohibited conduct includes falsified horse identity, altered media, manipulation of results, collusion, or abuse of features. Violations may result in immediate suspension, invalidation of results, legal action, or permanent account termination without refund.

You may not:

  • submit false or misleading horse identity or registration information;

  • upload manipulated, staged, mislabeled, or misattributed images or videos;

  • reuse content from other horses;

  • attempt to game, influence, or manipulate results, scores, or rankings;

  • engage in collusion or deceptive practices in judging or virtual shows.

Equigenix may, in its sole discretion:

  • invalidate analyses or results;

  • revoke certified status;

  • suspend or terminate accounts;

  • deny access without notice.

Equigenix is not obligated to disclose investigative methods or findings.

15. USER CHALLENGES & REVIEWS

Users may submit objections via in-app mechanisms. The Company may accept, reject, or defer objections at its discretion. No outcome is guaranteed.

16. SUBSCRIPTIONS AND CERTIFIED REPORTS

Paid subscriptions provide access to enhanced features but do not alter disclaimers or limitations.

Certified reports:

  • require verified horse information;

  • are valid only for a fixed period (e.g., 30 days);

  • expire automatically;

  • do not guarantee future condition or performance.

Certification does not imply warranty or endorsement.

17. LIMITATION OF LIABILITY

To the maximum extent permitted by law, Noble Arabians LLC shall not be liable for:

  • indirect, incidental, or consequential damages;

  • loss of profits, data, or business opportunities;

  • injury, illness, or death of animals;

  • financial losses related to reliance on outputs;

  • judging or competition outcomes.

This applies even if Noble Arabians LLC was advised of the possibility of such damages.

18. INDEMNIFICATION

You agree to indemnify and hold harmless Noble Arabians LLC from any claims, damages, or expenses arising from your use of the App, reliance on outputs, or violation of this Agreement.

19. ARBITRATION AND DISPUTE RESOLUTION

Any dispute arising from this Agreement shall be resolved through binding arbitration on an individual basis.

You waive the right to a jury trial and to participate in class actions, except where prohibited by law.

20. GOVERNING LAW AND VENUE

This Agreement is governed by the laws of the Commonwealth of Massachusetts, USA.

21. REGIONAL COMPLIANCE

Where applicable, users may have rights under GDPR, CCPA, CPRA, or similar laws. Processing is based on consent and legitimate interest, subject to legal requirements.

22. TERMINATION

Equigenix may suspend or terminate access at any time, with or without notice.

23. MODIFICATIONS

The Company may modify this Agreement at any time. Continued use constitutes acceptance.

24. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between you and Noble Arabians LLC and supersedes all prior agreements.

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