Trainer Hub by Catch Ride Terms & Conditions

The following definitions apply throughout these Terms. Additional terms may be defined where they first appear.

“App” or “Trainer Hub by Catch Ride” means the Trainer Hub by Catch Ride mobile application published by Catch Ride LLC, including all related features, content, software, and updates, regardless of the device or platform through which it is accessed.

“Catch Ride,” “we,” “us,” and “our” mean Catch Ride LLC, a South Carolina limited liability company.

“You,” “your,” and “User” mean the individual who creates an account or otherwise accesses or uses Trainer Hub by Catch Ride. Trainer Hub by Catch Ride is intended for professional equestrian trainers and other authorized business users who are at least eighteen (18) years of age.

“Client” means a customer, contact, or other individual whose information you enter into, store in, or manage through Trainer Hub by Catch Ride in the course of operating your training business.

“Content” means all text, data, records, images, notes, and other materials available through or generated by the App, including materials we provide and User Content.

“Services” means the features, functionality, and content made available through Trainer Hub by Catch Ride, including, without limitation, scheduling, client management, horse records, invoicing, reminders, business management tools, and other current or future features that we may make available through the App from time to time.

“Subscription” means a paid plan that provides access to certain Services, offered on a recurring basis and billed through the Apple App Store or Google Play Store.

“User Content” means any information, data, records, text, images, or other materials that you submit, upload, enter, or store through the App, including your account details, client and horse records, appointments, invoices, notes, reminders, and any other records you create or store through the App.

“Platform” means the third-party application marketplace and operating system through which you download and use the App, namely the Apple App Store and Apple operating systems, or the Google Play Store and Android operating systems, as applicable.

“Terms” means these Terms and Conditions, as amended from time to time, together with any policies expressly incorporated by reference, including our Privacy Policy.

These Terms govern your use of Trainer Hub by Catch Ride. By creating an account, downloading, accessing, or using the App, you agree to these Terms and to our Privacy Policy, which is incorporated into these Terms by reference and describes how we handle information in connection with the App.

If you are using Trainer Hub by Catch Ride on behalf of a business or other organization, you represent and warrant that you have the authority to bind that business or organization to these Terms, in which case “you” and “your” refer to both you individually and that entity. You remain responsible for compliance with these Terms regardless of the capacity in which you use the App.

These Terms apply to all Users of Trainer Hub by Catch Ride. Certain features may be subject to additional guidelines, rules, or terms that we may post or make available through the App. Any such additional terms are incorporated into these Terms by reference. If there is a conflict between these Terms and any additional terms applicable to a specific feature, the additional terms will control with respect to that feature to the extent of the conflict.

To use Trainer Hub by Catch Ride, you must be at least eighteen (18) years of age and capable of forming a binding contract with us. By using the App, you represent and warrant that you meet these requirements, that the registration and account information you provide is accurate and complete, and that your use of the App complies with all applicable laws and regulations.

Trainer Hub by Catch Ride is intended for professional and business use by equestrian trainers and similar authorized business users. It is not intended for personal, household, or consumer use, and it is not directed to children. We may refuse to provide, or may discontinue providing, the Services to any person or entity at any time to the extent permitted by applicable law.

You may not use the App if you are barred from doing so under the laws of the United States or any other applicable jurisdiction, or if you have previously been suspended or removed from the App or the Services.

To access most features of Trainer Hub by Catch Ride, you must create an account. Authentication is performed using an email address and a password. When you create and maintain an account, you agree to:

• Provide accurate, current, and complete information and to keep that information up to date.
• Maintain the confidentiality and security of your account credentials and not share them with any unauthorized person.
• Take responsibility for all activity that occurs under your account, whether or not you authorized it, to the fullest extent permitted by applicable law.
• Notify us promptly at the contact address in Section 28 if you suspect or become aware of any unauthorized access to or use of your account or any other breach of security.

You are responsible for ensuring that you log out of your account at the end of each session where appropriate and for safeguarding the device on which the App is installed. We are not liable for any loss or damage arising from your failure to protect your account credentials or device.

We reserve the right to suspend, restrict, or terminate your account, or to reclaim or disable any username, if we reasonably believe that you have violated these Terms, that your account has been compromised, or that doing so is necessary to protect the App, other Users, or third parties, or to comply with legal obligations.

Certain features of Trainer Hub by Catch Ride are made available on a paid Subscription basis. The features included with each Subscription, the available plans, and the applicable prices are described within the App at the time of purchase. By purchasing a Subscription, you agree to the pricing, payment, and billing terms presented to you at the point of sale, in addition to these Terms.

Recurring billing. Subscriptions are offered on an automatically renewing basis. Unless otherwise stated at the time of purchase, your Subscription will automatically renew for successive periods of the same length as the initial term, and your payment method on file with the applicable Platform will be charged the then-current Subscription price at the start of each renewal period, until you cancel.

Automatic renewal and cancellation. Your Subscription will continue to renew automatically until you cancel it. You can manage and cancel your Subscription through your Apple App Store or Google Play Store account settings, in accordance with the Platform’s procedures. To avoid being charged for the next billing period, you must cancel before the end of the current period. Cancellation takes effect at the end of the then-current billing period, and you will generally retain access to paid features until that time.

Free trials and promotional offers. From time to time, we may offer free trials or other promotional pricing. Unless otherwise stated, if you do not cancel before the end of a free trial period, your Subscription will automatically convert to a paid Subscription and your payment method will be charged the applicable price. Eligibility for free trials and promotions is determined by us and the applicable Platform, and we and the Platform reserve the right to modify or discontinue any trial or promotional offer, and to limit eligibility, to the extent permitted by applicable law.

Price changes. We may change Subscription prices from time to time. Where required, we or the applicable Platform will provide you with advance notice of any price change and, where required by applicable law or Platform rules, an opportunity to consent to the new price or to cancel before it takes effect. If you do not agree to a price change, you may cancel your Subscription before the change takes effect. Your continued use of the Subscription after a price change becomes effective constitutes your acceptance of the new price, to the extent permitted by applicable law.

Taxes. Subscription prices may be exclusive of applicable taxes unless otherwise stated. You are responsible for any sales, use, value-added, or similar taxes associated with your Subscription, except for taxes based on our net income. Where the Platform collects and remits applicable taxes, it will do so in accordance with its own policies.

Refunds. Because Subscriptions are sold and billed through the Apple App Store and Google Play Store, payments, refunds, and cancellations are subject to the policies of the applicable Platform. Except where required by applicable law, payments are generally non-refundable, and we do not provide refunds or credits for partial Subscription periods, unused features, or periods during which you did not use the App. Any refund requests must generally be directed to the applicable Platform in accordance with its procedures. Nothing in these Terms limits any non-waivable statutory rights you may have to a refund under applicable law.

We use RevenueCat, a third-party subscription management service, to help us manage and administer Subscriptions purchased through the Apple App Store and Google Play Store. RevenueCat assists us with validating purchases, managing Subscription entitlements, and keeping track of Subscription status across platforms.

When you purchase or manage a Subscription, the actual payment transaction is processed by the applicable Platform—Apple or Google—through your Platform account, and your purchase is also subject to that Platform’s terms and policies. We do not collect or store your full payment card number or other complete payment instrument details; that information is handled by the Platform.

RevenueCat processes certain information, such as Subscription and transaction identifiers and entitlement status, on our behalf in order to provide its services to us. Its processing of information in connection with the App is addressed in our Privacy Policy. Your use of the Apple App Store, Google Play Store, and any associated payment services is governed by the respective terms and privacy policies of Apple and Google, and we encourage you to review them.

To the extent there is any conflict between these Terms and the rules of the applicable Platform regarding the purchase, billing, renewal, cancellation, or refund of Subscriptions, the rules of the applicable Platform will control with respect to those matters.

You acknowledge that these Terms are between you and Catch Ride LLC only, and not with Apple Inc. or Google LLC, and that Apple and Google are not responsible for the App or its content. Your use of the App must also comply with the applicable Platform’s terms of service and usage rules. The following additional terms apply when you access Trainer Hub by Catch Ride through the applicable Platform.

Apple App Store. If you download the App from the Apple App Store, you acknowledge and agree that: (a) these Terms are concluded between you and Catch Ride LLC, and Apple is not a party to these Terms; (b) Catch Ride, and not Apple, is solely responsible for the App and its content; (c) Apple has no obligation to furnish any maintenance or support services with respect to the App; (d) in the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price, if any, for the App, and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App; (e) Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession or use of the App, including product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection or similar legislation; (f) in the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Catch Ride, and not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim to the extent required by these Terms; (g) you represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country and that you are not listed on any U.S. Government list of prohibited or restricted parties; and (h) Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

Google Play. If you download the App from the Google Play Store, your use of the App is also subject to the Google Play Terms of Service and related policies. You acknowledge that Google is not a party to these Terms and is not responsible for the App, and that, to the extent these Terms conflict with the Google Play Terms of Service with respect to your acquisition or use of the App through Google Play, the relevant Google Play terms will govern that subject matter.

In all cases, you agree to comply with, and your license to use the App is conditioned on your compliance with, all applicable third-party terms of agreement when using the App.

You agree to use Trainer Hub by Catch Ride only for lawful purposes and in accordance with these Terms. You agree that you will not, and will not attempt to, and will not permit or assist any third party to:

• Use the App in any way that violates any applicable federal, state, local, or international law or regulation, or that infringes or misappropriates the rights of any third party.
• Use the App to store, transmit, or make available any content that is unlawful, infringing, defamatory, harassing, abusive, or otherwise objectionable, or that you do not have the right to store or transmit.
• Access, tamper with, or use non-public areas of the App, our systems, or the technical delivery systems of our service providers, except as expressly authorized.
• Probe, scan, or test the vulnerability of any system or network, or breach or circumvent any security or authentication measures.
• Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the App, except to the limited extent that applicable law expressly permits despite this limitation.
• Copy, modify, create derivative works of, distribute, sell, resell, license, sublicense, lease, rent, or otherwise commercially exploit the App or any part of it, except as expressly permitted by these Terms.
• Use any robot, spider, scraper, or other automated means to access the App for any purpose without our express written permission, or otherwise interfere with or disrupt the integrity or performance of the App.
• Introduce any viruses, malware, or other harmful code, or take any action that imposes or may impose an unreasonable or disproportionately large load on our infrastructure.
• Use the App to develop a competing product or service, or to benchmark or otherwise gather competitive intelligence for a competing offering.
• Remove, obscure, or alter any proprietary notices, labels, or marks contained in or displayed by the App.

We reserve the right, but are not obligated, to investigate and take appropriate action against anyone who, in our sole discretion, violates this Section, including removing offending content, suspending or terminating accounts, and reporting activity to law enforcement authorities.

You are solely responsible for your use of Trainer Hub by Catch Ride and for the User Content you create, enter, or store in the App. In particular, you agree that:

• You are responsible for the accuracy, quality, legality, and appropriateness of all User Content, including client and horse records, appointments, invoices, notes, reminders, and any other records you create or store in the App.
• You are responsible for obtaining and maintaining any equipment, devices, internet access, and third-party services necessary to use the App, and for any associated costs.
• You are responsible for obtaining and maintaining all licenses, certifications, permits, registrations, and insurance required for your profession and for your provision of services, and for complying with all laws, regulations, and professional standards applicable to your business and to the handling and care of horses, including applicable animal welfare laws.
• You are responsible for maintaining your own backups of important information where appropriate. While the App stores the records you create, you should not rely on the App as your sole repository for critical business records, and you are responsible for retaining copies of information that you are required to keep under applicable law.
• You are responsible for ensuring that your use of the App, including your collection and recording of information about your Clients and their horses, complies with all laws applicable to you and with any agreements you have with your Clients.
• You will not use the App in a manner that could damage, disable, overburden, or impair the App or interfere with any other party’s use of the App.
• You acknowledge that you, and not Catch Ride, are responsible for your business decisions, your relationships and dealings with your Clients, and the operation of your training business.

Trainer Hub by Catch Ride is a business management tool intended to help equestrian professionals organize and manage their businesses. The App provides organizational, recordkeeping, scheduling, invoicing, and related tools; it does not provide professional, legal, accounting, tax, financial, or veterinary advice, and it is not a substitute for the independent judgment of a qualified professional.

Any features that assist with invoicing, business organization, scheduling, recordkeeping, or similar functions are provided for your convenience. You are responsible for verifying the accuracy of invoices, calculations, schedules, and other outputs, for complying with your own tax, accounting, and recordkeeping obligations, and for making your own professional and business judgments. You should consult appropriately qualified professionals regarding your specific legal, financial, tax, or veterinary needs.

You acknowledge that the care and management of horses, and the conduct of your training and related services, are matters for your own professional judgment and the judgment of other qualified professionals, including licensed veterinarians where appropriate, and that Catch Ride is not responsible for any decisions you make in connection with your business or the animals in your care.

The App may, now or in the future, include features that use artificial intelligence or similar automated technologies to generate suggestions, summaries, recommendations, drafts, reminders, or other content (“AI Content”). This Section applies to any such features whenever they are made available, without the need for further amendment to these Terms.

Any AI Content is provided for your convenience and general informational purposes only. AI Content is generated by automated systems and may be inaccurate, incomplete, outdated, or otherwise unreliable, and it may not reflect your specific circumstances. AI Content does not constitute professional, legal, financial, accounting, tax, veterinary, or other specialized advice, and it is not a substitute for your own judgment or the advice of a qualified professional.

You are solely responsible for reviewing, verifying, and independently confirming any AI Content before relying on it, and you remain solely responsible for all professional, financial, scheduling, invoicing, business, veterinary, and operational decisions you make, whether or not those decisions are informed by AI Content. You should not treat AI Content as the sole basis for any decision.

To the maximum extent permitted by applicable law, Catch Ride does not warrant or guarantee the accuracy, completeness, reliability, or suitability of any AI Content, and Catch Ride will not be responsible or liable for any action taken or not taken by you or any third party in reliance on AI Content. AI Content is provided on an “as is” and “as available” basis and is subject to the disclaimers and limitations of liability in these Terms, including Sections 19 and 21.

Ownership of User Content. As between you and Catch Ride, you retain all rights you hold in your User Content. We do not claim ownership of your User Content. These Terms do not transfer any ownership of your User Content to us.

License to operate the Services. In order to provide the Services, you grant Catch Ride a limited, non-exclusive, worldwide, royalty-free license to host, store, copy, transmit, display, and process your User Content solely as necessary to operate, provide, secure, maintain, and improve the App and the Services, to provide support to you, and as otherwise permitted by our Privacy Policy. This license exists only for as long as needed to provide the Services and to comply with our legal obligations, and it ends when your User Content is deleted from our systems in the ordinary course, except to the extent we are permitted or required to retain it as described in our Privacy Policy.

Aggregated and de-identified data. We may create, use, and retain aggregated or de-identified data derived from your User Content, which does not identify you or your Clients, for analytics, reporting, product development and improvement, and other legitimate business purposes, as further described in our Privacy Policy.

Your responsibility for User Content. You represent and warrant that you have all rights necessary to submit your User Content and to grant the licenses above, and that your User Content, and our use of it as permitted by these Terms, does not and will not infringe or violate the rights of any third party or any applicable law. You are solely responsible for your User Content and the consequences of storing it in the App.

Third-party information. Because Trainer Hub by Catch Ride allows you to store information about your Clients and their horses, you are responsible for ensuring that you have an appropriate basis to collect and record that information and that your handling of it complies with applicable law. Our processing of such information is described in our Privacy Policy.

No obligation to monitor. We have no obligation to monitor User Content, but we may review, and may remove or disable access to, any User Content that we believe, in our reasonable discretion, violates these Terms or applicable law, or that may expose us or others to liability. We are not responsible for any loss or deletion of User Content, and you are responsible for maintaining appropriate copies of your important information.

The App and the Services, including all software, code, designs, text, graphics, logos, images, user interfaces, and other content provided by us (excluding User Content), and all intellectual property rights in any of the foregoing, are owned by Catch Ride LLC or its licensors and are protected by copyright, trademark, and other intellectual property laws. We reserve all rights not expressly granted to you in these Terms.

“Catch Ride,” “Trainer Hub by Catch Ride,” and related names, logos, and marks are trademarks or trade dress of Catch Ride LLC. You may not use these marks without our prior written permission. All other names, logos, product and service names, designs, and slogans appearing in the App are the trademarks of their respective owners, and no right or license is granted to use them.

Except for the limited license expressly granted to you in Section 14, nothing in these Terms grants you any right, title, or interest in or to the App, the Services, or our intellectual property. You agree not to take any action inconsistent with our ownership of the App and the Services.

Subject to your compliance with these Terms, including timely payment of any applicable Subscription fees, Catch Ride grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download and install the App on a device that you own or control and to use the App for your internal business purposes as a professional User.

This license is personal to you and may not be assigned or transferred except as expressly permitted by these Terms. The license is subject to the restrictions in Section 8 (Acceptable Use) and elsewhere in these Terms. Any use of the App not expressly authorized by these Terms is prohibited and may result in termination of your license.

The license granted under this Section will terminate automatically upon any termination of these Terms or your account, or upon your failure to comply with these Terms. Upon termination of the license, you must cease all use of the App and delete or remove the App from your devices. The App is licensed, not sold, to you, and you receive no rights in the App other than those expressly granted under these Terms.

From time to time, you may choose to provide us with suggestions, comments, ideas, or other feedback relating to the App or the Services (“Feedback”). You are not obligated to provide Feedback, and any Feedback you provide is given voluntarily.

You grant Catch Ride a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, sublicensable, and transferable license to use, reproduce, modify, distribute, and otherwise exploit any Feedback for any purpose, including to develop, improve, and market the App and the Services, without any obligation, attribution, or compensation to you. Feedback is provided “as is,” and we are free to use it without restriction. You represent that you have the right to provide any Feedback you submit on this basis.

The App and the Services are provided on an “as available” basis. While we work to keep the App operating, we do not warrant, guarantee, or promise that the App or the Services will be available at any particular time or that access will be continuous, uninterrupted, timely, secure, or error-free. Nothing in these Terms constitutes a service level commitment or a guarantee of any level of uptime or availability unless we expressly agree otherwise in a separate written agreement signed by us.

The App and the Services may be modified, suspended, interrupted, delayed, limited, or become unavailable from time to time for many reasons, including scheduled or emergency maintenance, updates, upgrades, and repairs; security or technical issues; the acts, omissions, or systems of third parties (including the Apple App Store, the Google Play Store, hosting and infrastructure providers, and network or internet providers); your own device or connectivity; and other events or circumstances beyond our reasonable control. We may also modify, suspend, or discontinue the App or any feature of the Services, in whole or in part, at any time, with or without notice, to the extent permitted by applicable law.

To the maximum extent permitted by applicable law, we will not be liable to you or any third party for any modification, suspension, interruption, delay, limitation, or discontinuation of the App or the Services, or for any unavailability of, or inability to access, the App or the Services. You are responsible for maintaining your own copies of important information, as described in Section 9.

We may from time to time develop and provide updates to the App, which may include upgrades, bug fixes, patches, enhancements, new features, and other modifications. Updates may also modify or remove certain features or functionality. You agree that we may provide updates automatically or on a periodic basis and that the App may require updates from time to time in order to continue functioning properly.

Depending on your device and Platform settings, updates may be downloaded and installed automatically, or you may be prompted to install them. You are responsible for installing available updates, and you acknowledge that the App, or certain features of it, may not operate properly if you do not keep it updated. We are not responsible for any reduced functionality, errors, or security issues arising from your use of an outdated version of the App.

Any updates provided to you are subject to these Terms unless we provide separate or additional terms with the update, in which case those terms will apply to the update.

Termination by you. You may stop using Trainer Hub by Catch Ride at any time. You may cancel your Subscription through your Apple App Store or Google Play Store account settings, as described in Section 5, and you may request deletion of your account by contacting us at the address in Section 28. Cancelling a Subscription does not automatically delete your account or User Content; if you wish to delete your account, you should request account deletion.

Termination or suspension by us. We may suspend or terminate your access to all or part of the App or the Services, or your account, at any time and for any reason to the extent permitted by applicable law, including if we reasonably believe that you have violated these Terms, that your use of the App poses a risk to us, other Users, or third parties, that your account has been compromised, or that suspension or termination is necessary to comply with legal obligations or protect our legitimate interests. Where reasonably practicable and not prohibited, we will endeavor to provide notice of termination, but we are not obligated to do so.

Effect of termination. Upon termination of your account or these Terms for any reason: your right to access and use the App and the Services will immediately cease; the license granted to you in Section 14 will terminate; and we may delete or de-identify your User Content in accordance with our Privacy Policy and our standard data retention practices, subject to any legal obligation to retain it. You are responsible for retaining your own copies of any User Content you wish to keep before your account is terminated or deleted. Termination does not entitle you to any refund except as expressly provided in these Terms or required by applicable law.

Survival. The provisions of these Terms that by their nature should survive termination will survive, including Sections 1, 9, 10, 11, 12, 13, 15, and 19 through 28, and any accrued payment obligations.

To the maximum extent permitted by applicable law, the App and the Services are provided on an “as is” and “as available” basis, with all faults and without warranties of any kind. Catch Ride, on behalf of itself and its licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the App and the Services, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranties arising from course of dealing, course of performance, or usage of trade.

Without limiting the foregoing, Catch Ride makes no warranty or representation, and disclaims any obligation, that the App or the Services will meet your requirements or expectations; will be uninterrupted, timely, secure, or error-free; will be free of viruses or other harmful components; will preserve, store, or transmit your User Content without loss; or that any errors or defects will be corrected. You acknowledge that the App is a tool to support your business and that you are responsible for your own business decisions and outcomes.

Any material downloaded or otherwise obtained through the use of the App is accessed at your own discretion and risk, and you are solely responsible for any damage to your device or loss of data that results from such use. No advice or information, whether oral or written, obtained from Catch Ride or through the App, will create any warranty not expressly stated in these Terms.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you. In that case, the exclusions and limitations in this Section will apply to the greatest extent permitted by applicable law, and any warranties that cannot be excluded are limited in duration to the minimum period permitted by applicable law.

Trainer Hub by Catch Ride is a business management tool used by equine professionals, and the services you provide, and your Clients’ activities, inherently involve horses and other animals. You acknowledge and agree that equine activities—including, without limitation, handling, holding, restraining, leading, grooming, trimming, shoeing, bodywork, braiding, training, riding, transporting, and the general care of horses—involve inherent risks that cannot be eliminated, including the unpredictable nature and behavior of horses, the risk of physical injury to persons or animals, and the potential for property damage.

Catch Ride does not provide any equine, veterinary, or professional services, does not perform, supervise, oversee, direct, or control the manner in which you or any other person provides services or handles, manages, or cares for any horse or other animal, and is not a party to any agreement or arrangement between you and your Clients or any other person. The App is used solely to help you organize and manage your own business records, and Catch Ride has no involvement in the underlying services you provide.

To the fullest extent permitted by applicable law, including the South Carolina Equine Activity Liability Act (S.C. Code Ann. § 47-9-710 et seq.) and any equivalent statute in any other applicable jurisdiction, Catch Ride disclaims all liability for any injury, illness, death, or loss of any horse or other animal, and for any personal injury, bodily harm, or property damage, arising out of or in connection with your services, your handling or care of any horse, or any other equine activity, whether or not the related appointment, record, or information was created, stored, scheduled, or organized using the App. You are solely responsible for exercising professional judgment and reasonable care, consistent with professional standards, in your services and in the handling and care of the horses in your care, and for maintaining any insurance appropriate to those activities.

To the maximum extent permitted by applicable law, in no event will Catch Ride LLC, or its members, managers, officers, employees, agents, licensors, or service providers, be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including damages for loss of profits, revenue, goodwill, business opportunity, data, or other intangible losses, arising out of or in connection with these Terms, the App, or the Services, whether based on warranty, contract, tort (including negligence), strict liability, statute, or any other legal theory, and whether or not Catch Ride has been advised of the possibility of such damages, and even if a remedy set forth in these Terms is found to have failed of its essential purpose.

To the maximum extent permitted by applicable law, the total aggregate liability of Catch Ride and its members, managers, officers, employees, agents, licensors, and service providers, arising out of or in connection with these Terms, the App, or the Services, for all claims in the aggregate, will not exceed the greater of (a) the total amount you actually paid to access the Services through your Subscription during the twelve (12) months immediately preceding the event giving rise to the claim, or (b) one hundred U.S. dollars (US$100).

The limitations and exclusions in this Section apply to the fullest extent permitted by applicable law and reflect an agreed allocation of risk between you and Catch Ride that forms an essential basis of the bargain between us. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some or all of the exclusions and limitations in this Section may not apply to you. In such jurisdictions, our liability will be limited to the greatest extent permitted by applicable law. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law.

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND CATCH RIDE TO RESOLVE MOST DISPUTES THROUGH INDIVIDUAL BINDING ARBITRATION RATHER THAN IN COURT, WAIVES YOUR RIGHT TO A JURY TRIAL, AND WAIVES YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS. YOU MAY OPT OUT AS DESCRIBED IN SECTION 22.7.

22.1 Informal resolution. Most disputes can be resolved without formal proceedings. Before starting an arbitration, you agree to first contact us at the address in Section 28 and provide a brief written description of the dispute and the relief you seek. You and Catch Ride will then work in good faith to resolve the dispute for at least thirty (30) days after that notice is received. This step is a condition to starting arbitration, and any applicable filing deadline will be tolled while the parties work toward resolution.

22.2 Agreement to arbitrate. If the parties do not resolve a dispute informally, any dispute, claim, or controversy arising out of or relating to these Terms, the App, or the Services (a “Dispute”) will be resolved by final and binding individual arbitration, except for the matters described in Section 22.6. The Federal Arbitration Act governs the interpretation and enforcement of this Section. The arbitrator will decide questions about the arbitrability of a Dispute, except that a court will decide questions about the validity or enforceability of the class action waiver in Section 22.5.

22.3 Arbitration process. The arbitration will be administered by the American Arbitration Association (AAA) under its rules then in effect that apply to the Dispute (available at www.adr.org), as modified by these Terms, before a single arbitrator. The arbitrator may conduct the proceeding through written submissions, by telephone, or by video, and any in-person hearing will take place in South Carolina unless you and Catch Ride agree otherwise. The arbitrator’s decision will be in writing, will be binding on the parties, and may be entered as a judgment in any court of competent jurisdiction.

22.4 Arbitration fees. Filing, administration, and arbitrator fees will be allocated under the applicable AAA rules. If those rules would require you to pay an amount that is greater than the cost of filing the same claim in court, Catch Ride will pay the difference, unless the arbitrator determines that your claim is frivolous. Each party is otherwise responsible for its own attorneys’ fees and costs, except where applicable law or the arbitrator’s award provides otherwise.

22.5 Class action waiver. YOU AND CATCH RIDE AGREE TO BRING CLAIMS AGAINST EACH OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person’s claims or otherwise preside over any class or representative proceeding, and may award relief only in favor of the individual party seeking relief and only to the extent necessary to resolve that party’s individual claim. If this waiver is found unenforceable as to a particular claim or request for relief, that claim or request (and only that claim or request) will be severed and may proceed in court, while all other claims remain in arbitration.

22.6 Exceptions. Notwithstanding the above, either party may (a) bring an individual claim in a small claims court if it qualifies, and (b) seek temporary injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property or to prevent unauthorized access to or misuse of the App. Seeking such relief does not waive the agreement to arbitrate any other Dispute.

22.7 Opt-out. You may opt out of this Section 22 by sending written notice to the address in Section 28 within thirty (30) days after you first accept these Terms. Your notice must include your name and the email address associated with your account and state clearly that you wish to opt out of arbitration. If you opt out, Disputes will be resolved in the courts identified in Section 24. Opting out has no effect on any other provision of these Terms.

22.8 Changes to this Section. If we make a material change to this Section 22 after you first accept these Terms (other than a change to our contact information), you may reject the change by sending us written notice within thirty (30) days after it becomes effective, in which case the most recent version of this Section that you accepted before the change will continue to apply to you.

To the maximum extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Catch Ride LLC and its members, managers, officers, employees, agents, licensors, and service providers (the “Indemnified Parties”) from and against any and all claims, demands, actions, liabilities, damages, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or in connection with:

• Your access to or use of the App or the Services;
• Your User Content, including any claim that your User Content or your handling of information about your Clients or their horses infringes or violates the rights of a third party or any applicable law;
• Your violation of these Terms or any applicable law or regulation;
• Your violation of the rights of any third party, including your Clients;
• Your business activities, your relationships and dealings with your Clients, and the operation of your business; or
• Any services you perform or fail to perform, including any claim relating to professional negligence, the injury, illness, death, or loss of any horse or other animal, personal injury or bodily harm, or property damage arising in connection with your services or your handling or care of horses.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with our defense of that matter. You agree not to settle any matter subject to indemnification without our prior written consent. This indemnification obligation will survive the termination of these Terms and your use of the App.

These Terms, and any Dispute arising out of or relating to these Terms, the App, or the Services, are governed by and will be construed in accordance with the laws of the State of South Carolina, United States, without regard to its conflict of laws principles, except that the Federal Arbitration Act governs the interpretation and enforcement of the arbitration provision in Section 22.

Subject to the arbitration provision in Section 22, and for any Dispute not subject to arbitration (including if you opt out of arbitration or for claims that proceed in court as permitted by Section 22), you and Catch Ride agree to submit to the exclusive jurisdiction of the state and federal courts located in South Carolina, and you waive any objection to the exercise of jurisdiction over you by those courts and to venue in those courts, to the extent permitted by applicable law.

To the maximum extent permitted by applicable law, any Dispute or claim arising out of or relating to these Terms, the App, or the Services must be commenced within one (1) year after the cause of action accrues; otherwise, it is permanently barred. This limitation does not apply to the extent prohibited by applicable law.

The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms. If you access the App from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws.

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, that provision will be enforced to the maximum extent permissible, and the remaining provisions of these Terms will remain in full force and effect. The invalidity, illegality, or unenforceability of any provision will not affect the validity, legality, or enforceability of any other provision. Except as expressly provided in Section 22.5 with respect to the class action waiver, if any provision is found invalid or unenforceable, the parties intend that a valid and enforceable provision that most closely matches the intent of the original provision be substituted for it.

Entire agreement. These Terms, together with our Privacy Policy and any additional terms expressly incorporated by reference, constitute the entire agreement between you and Catch Ride regarding the App and the Services and supersede all prior or contemporaneous understandings and agreements, whether written or oral, regarding the same subject matter.

Assignment. You may not assign or transfer these Terms, or any of your rights or obligations under them, without our prior written consent, and any attempted assignment in violation of this provision is void. We may freely assign or transfer these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, reorganization, or sale of assets. These Terms will bind and inure to the benefit of the parties and their permitted successors and assigns.

No waiver. Our failure to enforce any right or provision of these Terms will not be deemed a waiver of that right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of Catch Ride, and will apply only to the specific instance and purpose for which it is given.

No third-party beneficiaries. Except as expressly provided with respect to the Indemnified Parties and the Platforms (including Apple and its subsidiaries as third-party beneficiaries under Section 7), these Terms do not create any third-party beneficiary rights in any person or entity.

Force majeure. Catch Ride will not be liable for any delay or failure to perform resulting from causes beyond its reasonable control, including acts of God, natural disasters, epidemics or pandemics, governmental actions, labor disputes, power or internet failures, failures of third-party service providers or Platforms, or other events of force majeure.

Notices. We may provide notices to you by email to the address associated with your account, by posting within the App, or by other reasonable means. You are responsible for keeping your account email address current. Notices to us must be sent to the contact address in Section 28. Notices are deemed given when sent or posted, as applicable.

Relationship of the parties. Nothing in these Terms creates any partnership, joint venture, agency, franchise, employment, or fiduciary relationship between you and Catch Ride. You and Catch Ride are independent contractors.

Language. These Terms are drafted and executed in the English language. To the extent we provide a translation of these Terms, the English-language version will control in the event of any conflict.

Opportunity to review. You acknowledge that you have had the opportunity to review these Terms and to consult legal counsel of your choice before accepting them.

Interpretation. Section headings are provided for convenience only and do not affect the interpretation of these Terms. The words “including” and “include” mean “including without limitation.”

Export and compliance. You agree to comply with all applicable export control and sanctions laws and regulations in connection with your use of the App, and you represent that you are not located in, and will not use the App from, any jurisdiction or in any manner prohibited by such laws.

We may update or modify these Terms from time to time to reflect changes in the App, the Services, our practices, applicable law, or for other operational reasons. When we make changes, we will revise the “Last Updated” date at the top of these Terms.

If we make material changes, we will take reasonable steps to notify you, which may include providing notice within the App, by email, or through other reasonable means, as appropriate and as required by applicable law. Except where an earlier effective date is required by applicable law, changes will become effective when posted or as otherwise stated in our notice.

Your continued access to or use of the App after the updated Terms become effective constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the App and may cancel your Subscription and request deletion of your account. Notwithstanding the foregoing, any change to the arbitration provision in Section 22 is subject to the specific provisions of Sections 22.7 and 22.8.

If you have any questions about these Terms or the App, or if you need to send us a notice under these Terms (including a notice of dispute under Section 22 or a notice to opt out of arbitration), please contact us:

Catch Ride LLC
Attn: Business Tools — Legal
Email: businesstools@catchride.co

We will make reasonable efforts to respond to your inquiry and to address any concerns you may have.