Terms of Service

1. The Application is licensed, not sold, to You. Your license to the Application is subject to Your prior acceptance of this EULA, and You may use the Application only as set forth in the EULA.
2. The terms of this EULA (or any update/amendment of this EULA) will apply to any upgrade provided by Tack-Tek that replaces and/or provides additional features to the Application, unless the relevant upgrade is accompanied by a separate license, in which case the terms of that license will prevail over the terms of this EULA where that license and this EULA are inconsistent.
3. The Application is intended for users over the age of 18. You may access and use the Application only if You are 18 years of age or older.

1. Tack-Tek grants to You a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to install a copy of the Application on any Apple devices that You own or control and to use the Application in accordance with all applicable laws and terms applying to the use of Apple services, including the Apple Media Services Terms and Conditions (“Apple’s Usage Rules”), solely for Your non-commercial use for lawful purposes. This license does not allow You to use the Application on any device that You do not own or control, except that the Application may be accessed and used by other accounts associated with Your account via Apple Family Sharing or the Volume Purchase Program (as those terms are defined in Apple’s Usage Rules).
2. No title or ownership in the Application or any content of the Application is being transferred or assigned to You under this EULA, and this EULA is not to be interpreted as a sale of any rights in the Application.
3. You must not:
   1. rent, lease, lend, sell, transfer, redistribute, or sublicense the Application or use the Application for any commercial purpose;  
   2. distribute or make the Application available over a network where it could be used by multiple devices at the same time, except as permitted by Apple’s Usage Rules;  
   3. copy, decompile, translate, adapt, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Application, any updates, or any part thereof (except as expressly permitted by this EULA, Apple’s Usage Rules, applicable law or any open source or third party licence terms notified to You from time to time);
   4. interfere with or circumvent any feature of the Application, including without limitation any security or access control mechanism; or  
   5. use the Application in a manner which is illegal, obscene, insulting, malicious, or defamatory or to harass, abuse, stalk, threaten, defame, or otherwise infringe or violate the rights of any other person.  

1. In the course of Your use of the Application, you may provide certain personal information to us about You or other individuals (“User Information”). You acknowledge and agree that you are solely responsible for the accuracy and content of User Information. You consent to the collection, use, sharing and transfer of User Information about You  in accordance with the Tack-Tek Mobile App Privacy Policy (available at [LINK]), incorporated herein by reference for all purposes, and You represent and warrant that You have obtained such consent of any other individuals whose User Information You have provided in the course of Your use of the Application.
2. You agree that Tack-Tek may collect and use technical data and related information – including but not limited to technical information about Your device, system and application software, and peripherals – that is gathered periodically to facilitate the provision of software updates, product support, and other services to You (if any) related to the Application.  Tack-Tek may use this information, if it is in a form that does not personally identify You, to improve its products or to provide services or technologies to You.

1. The Application is owned and operated by Tack-Tek and its licensors. Tack-Tek and/or its licensors retain all right, title and interest in and to the Application and the software, content, visual interfaces, interactive features, information, graphics, design, compilation, computer code, products, software, services, and all other elements of the Application (the “Materials”). All Materials, including intellectual property rights therein and thereto, are the property of Tack-Tek or its subsidiaries or affiliated companies and/or third-party licensors. You may not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.  
2. Nothing in this EULA grants You any ownership rights in the Application or any intellectual property rights in the Application. Tack-Tek reserves all rights not expressly granted to You in this EULA.

1. This EULA will be effective starting from the date that You accept the terms of the EULA or install or otherwise use the Application and will terminate on the date You delete, uninstall, and cease using the Application or on the date that this EULA is terminated in accordance with its terms.  If You violate any provision of this EULA, Your license rights to the Application and this EULA automatically terminate. In addition, Tack-Tek may, at its sole discretion, terminate this EULA or suspend or terminate Your access to the Application, at any time for any reason or no reason, with or without notice.
2. Upon termination of the EULA: (a) Your license rights will terminate and You must immediately stop using the Application and delete all copies, full or partial, of the Application; (b) You will no longer be authorized to access the Application; and (c) all Sections 2 (other than section 2.1), 3, 4, 5, 8, 10, 11, 12, 13 and 14 will survive termination.

1. You are solely responsible for payment of any costs or expenses incurred as a result of downloading and using the Application, including any wireless, network, data usage, and roaming charges.
2. The Application may not work with all devices or all mobile carriers. Tack-Tek makes no representations that the Application will be compatible with or provided by all mobile carriers. In the event that You incur third-party service provider fees in connection with downloading and using the Application, or for products or services provided by any third-party service providers, You agree to pay such costs and expenses to the respective party in exchange for Your continued use of such products or services. Some services may be subject to different or additional terms (including fees), which You will be required to agree to prior to Your use of such services.

Tack-Tek reserves the right, in its sole discretion, to change, update, modify, add, or remove portions of this EULA at any time by making such modified EULA available to You through the Application. The EULA will be identified as of the most recent date of revision and will be effective immediately upon being made available through the App. Your use of the Application after modifications to the EULA become effective constitutes Your binding acceptance of such changes. If You are dissatisfied with the EULA, then You agree that Your sole and exclusive remedy is to discontinue any use of the Application.

If You provide Tack-Tek with any comments, bug reports, feedback, or modifications proposed or suggested by You for the Application (“Feedback”), such Feedback is provided on a non-confidential basis, and Tack-Tek shall have the right to use such Feedback at its discretion, including, but not limited to, the incorporation of such suggested changes into the Application. You hereby grant Tack-Tek a perpetual, irrevocable, nonexclusive license under all rights necessary to so incorporate and use Your Feedback for any purpose.

1. The Application may enable access to Tack-Tek’s and/or third-party services and websites (collectively and individually, “External Services”). You agree to use the External Services at Your sole risk. Licensor is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services.  
2. Data displayed by any Application or External Service is for general informational purposes only and is not guaranteed by Tack-Tek or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this EULA or that infringes the intellectual property rights of Tack-Tek or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Licensor is not responsible for any such use.  
3. External Services may not be available in all languages and may not be appropriate or available for use in any particular location. To the extent You choose to use such External Services, You are solely responsible for compliance with any applicable laws. Tack-Tek reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to You.

1. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE APPLICATION (the “SERVICES”) ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND TACK-TEK HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS.  
2. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY TACK-TEK OR ITS AUTHORIZED REPRESENTATIVES OR OBTAINED BY YOU FROM THE APPLICATION OR THE SERVICES, INCLUDING ANY DATA, MATERIALS OR CONTENT AVAILABLE OR PROVIDED THROUGH THE APPLICATION, SHALL CREATE A WARRANTY. WE DO NOT ENDORSE AND MAKE NO WARRANTY AS TO THE ACCURACY, SUITABILITY, COMPLETENESS, TIMELINESS, COMPREHENSIVENESS, CURRENCY, OR RELIABILITY OF THE APPLICATION, THE SERVICES, THE MATERIALS, AND ANY OTHER DATA INCLUDED IN OR PROVIDED THROUGH THE APPLICATION, AND WE WILL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY FAILURE OR DELAY IN UPDATING THE APPLICATION, THE SERVICES OR ANY DATA CONTAINED THEREIN. WE HAVE NO DUTY TO UPDATE THE CONTENT OF THE APPLICATION OR THE SERVICES.
3. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE APPLICATION AND THE SERVICES, INCLUDING FROM RELYING ON ANY SUCH INFORMATION. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE APPLICATION AND THE SERVICES AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOU OR YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE APPLICATION), DAMAGE OR INJURY TO ANY HORSE, OR ANY LOSS OF DATA. TACK-TEK DOES NOT WARRANT THAT THE APPLICATION, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE APPLICATION, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND TACK-TEK DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
4. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

1. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL TACK-TEK BE LIABLE TO YOU FOR PERSONAL INJURY, INJURY TO ANY HORSE, OR ANY INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL OR INTANGIBLE DAMAGES OR LOSSES), ARISING OUT OF OR RELATED TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCES OR USE, THE APPLICATION OR ANY MATERIALS OR CONTENT ON THE APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND WHETHER OR NOT TACK-TEK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.  
2. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TACK-TEK’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

You agree to indemnify, defend and hold Tack-Tek and its affiliates, officers, directors, suppliers, and customers harmless from and against any and all liability and costs, including reasonable attorneys’ fees incurred by such parties, in connection with or arising out of Your use or misuse of the Application, Your violation of this EULA, or any applicable law or regulation.

You acknowledge that this EULA is between You and Tack-Tek only, not with Apple, and Apple is not responsible for the Application and the content thereof. Apple does not have any obligations whatsoever to furnish any maintenance and support services with respect to the Application. In the event of any failure of the Application to conform to any applicable warranty, then You may notify Apple and Apple will refund the purchase price for the Application to You. To the maximum extent permitted by applicable law, Apple does not have any other warranty obligation whatsoever with respect to the Application. Apple is not responsible for addressing any claims by You or any third party relating to the Application. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that services provided by Tack-Tek or that Your use of the Application infringes that third party’s intellectual property rights. You agree to comply with any applicable Apple terms when using the services provided by Tack-Tek. You hereby represent and warrant that: (a) You are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) You are not listed on any U.S. Government list of prohibited or restricted parties.

The agreement shall be governed by and be construed in accordance with the laws of the Province of Alberta and You to attorn to the exclusive jurisdiction of the Courts of the Province of Alberta.

1. This EULA is the entire agreement between You and Tack-Tek, and supersedes any and all prior agreements, negotiations, or other communications between You and Tack-Tek.  
2. In the event that any provision of this EULA is held to be invalid or unenforceable, then: (a) such provision shall be deemed reformed to the extent strictly necessary to render such provision valid and enforceable, or if not capable of such reformation shall be deemed severed from this EULA; and (b) the validity and enforceability of all of the other provisions hereof, shall in no way be affected or impaired thereby.  
3. You may not assign this EULA without the prior written consent of Tack-Tek, whether expressly or by operation of law, including in connection with a merger or change of control, and any such attempted assignment shall be void and of no effect. Tack-Tek assign this EULA without restriction. Subject to the foregoing, this EULA shall be binding on the parties and their respective successors and permitted assigns.  

Any questions, complaints or claims with respect to the Application should be directed to: support@tack-tek.com.