Ducere 2020. All rights reserved
Please read these Terms of Service carefully before using the Nabd Service. Your use of the Nabd Service confirms your unconditional acceptance of the following Terms of Service. If you do not accept these Terms of Service, do not use the Nabd Service
Ducere Technologies Pvt Ltd. (“Ducere”) has designed the Nabd Service to help track your horse’s heart rate.
These Terms of Service (“Terms”) apply to your access and use of the Nabd Service. The “Nabd Service” includes the Nabd mobile application (“Nabd App”) and Nabd Equine Heart Rate Monitor Device (from Ducere), along with associated firmware, applications, software, websites, APIs, products, and services. These Terms are an agreement between you and Ducere Technologies Pvt Ltd, 222B San Marina House, Secunderabad, 500026. When the Terms mention “we,” “us,” or “our,” they refer to the parties to your agreement that provide you with the Nabd Service.
You must accept these Terms to create a Nabd Service account and to access or use the Nabd Service. If you do not have an account, you accept these Terms by using any part of the Nabd Service. If you do not accept these terms, do not create an account or use the Nabd Service. We reserve the right to modify these Terms at any time, in which case you will be informed that the Terms have been revised via a notification through the Nabd App. Continued use of the Nabd Services after we post any such changes will constitute your acceptance of the Terms, as modified. For information about our data practices, please see our Privacy Policy. By accessing or using the Nabd Service, you agree that we can collect and use your information in accordance with the Privacy Policy.
Use of the Nabd Service requires that you create an account by providing us with information such as your valid email address, as well as a strong password. You are responsible for all activity that occurs in association with your account. We are not liable for any loss or damages caused by your failure to maintain the confidentiality of your account credentials. Our collection, use, and sharing of any information that you provide to us or we receive in connection with your access to or use of the Nabd Service is governed by the terms of our Privacy Policy.
Please immediately email contact@ducere.io if you discover or suspect any security breach related to the Nabd Service or your account.
You agree to keep the Nabd App & Nabd Equine Heart Rate Monitor Device up-to-date; including, accepting software & firmware updates that we may provide.
Full use of the Nabd Service is dependent upon your successful download of the Nabd App and use of the Nabd Equine Heart Rate Monitor Device. The Nabd mobile app is compatible with Apple smartphone devices of versions iOS 13 and above and Android smartphone devices of OS versions 7 and above.
The maintenance and security of this equipment may influence the performance of the Nabd Service and it is your responsibility to ensure the equipment’s functionality. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges.
The Nabd Service, including underlying technology and any Nabd Content, is our property and is protected by copyright, trademark, patent and other intellectual property laws. “Nabd Content” includes any photos, images, graphics, video, audio, data, text, music, comments, software, works of authorship of any kind, and other information, content, or other materials that are posted, generated, provided, or otherwise made available through the Nabd Service. We reserve all rights not expressly set forth in these Terms. You agree not to remove, change or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Nabd Service. Our logos and any other Nabd trademarks that may appear on the Nabd Service, and the overall look and feel of the Nabd Service, including page headers, graphics, icons, and scripts, may not be copied, imitated or used, in whole or in part, without our prior written permission. Other trademarks, product, and service names and company names or logos mentioned on the Nabd Service are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder.
Notwithstanding the foregoing, you as user of the Nabd Service have permission to send information regarding your use of the Nabd Service to third parties that you designate.
If you submit comments, ideas, or feedback to us, you agree that we can use, disclose, reproduce, and distribute them without any restriction or compensation to you. We do not waive any rights to use similar or related ideas or feedback previously known to us, developed by us, or obtained from sources other than you.
The Nabd Service is intended for your personal, non-commercial use
We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to
(1) access and use the Nabd Service, (2) access and view the Nabd Content, (3) access and use the software and mobile applications provided by the Nabd Service, and (4) use the software that is embedded in the Nabd Equine Heart Rate Monitor Device as authorized in these Terms. With respect to items (3) and (4), this license includes any third-party software embedded in any Nabd Service. This license is provided solely for your personal, non-commercial use and enjoyment of the Nabd Service as permitted in these Terms.
By using the Nabd Service or creating an account, you agree that you will not use, sublicense, copy, adapt, modify, translate, disclose, prepare derivative works based upon, distribute, license, sell, rent, lease, assign, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the Nabd Content, Nabd Service or any portion thereof (including any third-party software), except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by us or our licensors, except for the licenses and rights expressly granted in these Terms.
Except to the extent permitted by law, you may not perform, attempt to perform, or encourage or assist others in performing any of the following while accessing or using the Nabd Service: (1) use, display, mirror, or frame the Nabd Service or any individual element within the Nabd Service, including the layout and design of any page, without our express written consent; (2) use Nabd name, any Nabd trademark or logo, or any of our proprietary information without our express written consent; (3) tamper with the Nabd Service, our computer systems, or the technical delivery systems for the Nabd Service; (4) test the vulnerability of any system associated with the Nabd Service or breach any security or authentication measures; (5) circumvent any technological measure implemented to protect the Nabd Service; (6) access the Nabd Service or Nabd Content through the use of any mechanism other than through the Nabd App and Nabd Equine Heart Rate Monitor Device, and associated website or online portal; or (7) modify, decompile, disassemble, reverse engineer, tamper with, or otherwise attempt to derive the source code of any software associated with the Nabd Service or any other part of the Nabd Service.
You are granted a limited, nonexclusive, and nontransferable right to create a text hyperlink to the Nabd Service for noncommercial purposes, provided that such link does not portray us or any of our products or services in a false, misleading, derogatory, or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing, or otherwise objectionable. We may revoke this limited right at any time in our sole discretion.
We reserve the right (but are not required) to remove or disable access to the Nabd Service or any Nabd Content at any time and without notice, and at our sole discretion, if we determine that your use of the Nabd Service is objectionable or in violation of these Terms. We have the right to investigate violations of these Terms and any conduct that affects the Nabd Service, and in response may take any action we may deem appropriate.
The Nabd Service is not intended to diagnose, treat, cure, or prevent any disease or condition. If your horse has a medical condition, consult your veterinarian. Use of the Nabd Service is at your own risk and you acknowledge that you are participating in any activities through the Nabd Service voluntarily. We are not responsible for any physical injuries, health conditions, or other health problems that could result from your use of the Nabd Service.
Our goal is to provide helpful and accurate information on the Nabd Service, but we make no endorsement, representation, or warranty of any kind about any Nabd Content, information, or services.
We are not responsible for the accuracy, reliability, availability, effectiveness, or correct use of information you receive through the Nabd Service or the Nabd Equine Heart Rate Monitor Device.
Use of the Nabd Service should not replace your good judgment and common sense. Please read and comply with all equine safety notices that you would commonly use.
Please read and comply with all instructions and safety notices that accompany the Nabd Equine Heart Rate Monitor Device, including those located on our Protect and Care page in the user manual.
The Nabd Service is not intended to be used by persons under the age of twenty-one (21) years.
As part of your use of the Nabd Service, you may receive notifications, app generated text messages, alerts, emails, and other electronic communications. You agree to the receipt of these communications. You can control most communications from the Nabd Service by using your account settings. We may need to provide you with certain communications, such as service announcements and administrative messages. You are responsible for any messaging or data fees you may be charged by your wireless carrier. Any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that the communication be in writing.
The Nabd Service may display or permit linking or other access to or use of third-party content, promotions, websites, apps, services and resources (collectively “Third Party Services”) that are not under our control. We provide these links only as a convenience and are not responsible for the content, products or services that are available from Third Party Services. You acknowledge that any Third Party Services that you use in connection with the Nabd Service are not part of the Nabd Service and are not controlled by us, and you take sole responsibility and assume all risk arising from your interaction with or use of any Third Party Services. You also acknowledge that these Terms and the Nabd Privacy Policy do not apply to any Third Party Services. You are responsible for reading and understanding the terms and conditions and privacy policy that applies to your use of any Third Party Services.
We may change or discontinue, temporarily or permanently, any feature, component, or content of the Nabd Service at any time without notice. We are not liable to you or to any third party for any modification, suspension, or discontinuance of any feature, component, or content of the Nabd Service. We reserve the right to determine the timing and content of software updates.
We reserve the right to suspend or deactivate your account or your access to certain aspects or all of the Nabd Service, or to terminate these Terms, at our sole discretion, at any time and without notice or liability to you. Upon any such suspension, deactivation, or termination, we may delete or remove information related to your account. We do not have any obligation to return any information related to your account to you after such suspension, deactivation or termination. You may close your account at any time by emailing contact@ducere.io. Upon any termination of these Terms or suspension, termination, or discontinuation of the Nabd Service or your account, the following provisions of these Terms will survive: Sections 12, 13, 14, 15 and any other sections that by their nature or express terms are intended to survive shall survive expiration or termination of these Terms.
The information, products and services offered on or through the Nabd Service are provided "as is" and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose or noninfringement; any warranty that the Nabd Service operates error free or without interruption; any warranty that information obtained through the Nabd Service is accurate or reliable. The entire risk arising out of the use of the Nabd Service remains with you.
WE DO NOT WARRANT THAT THE NABD SERVICE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE NABD SERVICE, OR THE SERVERS THAT MAKE THE NABD SERVICE AVAILABLE, ARE FREE OF VIRUSES, MALWARE, OR OTHER HARMFUL COMPONENTS. WE EXPRESSLY DISCLAIM LIABILITY FOR ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR MALWARE, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. EACH USER SPECIFICALLY ACKNOWLEDGES THAT WE ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH EACH USER OF THE NABD SERVICE.
WE ARE NOT LIABLE FOR ANY DIRECT, INDIRECT OR SPECULATIVE DAMAGES ARISING FROM THE USE OR INABILITY TO USE THE NABD SERVICE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OTHERWISE OBTAINED OR MESSAGE RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE Nabd SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OF DATA, INCLUDING WITHOUT LIMITING THE FOREGOING, CONSEQUENTIAL, INCIDENTAL, AND SPECIAL DAMAGES, REGARDLESS WHETHER WE HAD ADVANCE NOTICE OF THE POSSIBILITY OF ANY SUCH DAMAGES.
WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE CORRECTNESS, ACCURACY, TIMELINESS, OR RELIABILITY OF THE NABD SERVICE OR THIRD-PARTY SITES. USE OF ANY INFORMATION ON THE NABD SERVICE OR THIRD-PARTY SITES IS AT THE USER'S OWN RISK. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY RELIANCE ON INFORMATION OBTAINED THROUGH THE NABD SERVICE.
You must provide and are solely responsible for all hardware and/or software necessary to access the Nabd Service. You assume the entire cost of and responsibility for any damage to, and all necessary maintenance, repair or correction of, that hardware and/or software.
The Nabd Service may provide links to websites maintained by third parties. Any information, products, software, or services provided on or through third-party sites are controlled by the operators of such sites and not by us. When you access these third-party sites, you do so at your own risk.
You will indemnify and hold harmless Ducere, their respective officers, directors, employees, affiliates, agents, licensors, and contractors from and against any claims, suits, actions, demands, disputes, allegations, or investigations brought by any third party, governmental authority, or industry body, and all liabilities, damages, losses, costs, and expenses, including without limitation reasonable attorneys’ fees, arising out of or in any way connected with (i) your access to or use of the Nabd Service, (ii) your breach or alleged breach of any warranties made by you hereunder or your violation of any other provision of these Terms, or (iii) your violation of any law or the rights of a third-party. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
DUCERE, THEIR SUPPLIERS, OR LICENSORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE NABD SERVICE WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE NABD SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DUCERE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL DUCERE’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE NABD SERVICE EXCEED THE AMOUNTS YOU HAVE PAID TO DUCERE FOR USE OF THE NABD SERVICE OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO DUCERE, AS APPLICABLE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN DUCERE AND YOU.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
You agree that any dispute between you and Ducere arising out of or relating to these Terms of Service, the associated Privacy Policy, or your access to or use of the Nabd Service (collectively, “Disputes”) will be governed by the arbitration procedure outlined below.
Governing Law: Except as otherwise required by applicable law, the Terms of Service and Privacy Policy and the resolution of any Disputes shall be governed by and construed in accordance with the laws of the Republic of India.
Informal Dispute Resolution: Before filing an arbitration claim or a legal case, if you have opted out of the arbitration agreement, against Ducere, you agree to try to resolve the dispute informally by contacting contact@ducere.io. We'll try to resolve the dispute informally by contacting you through email. If a dispute is not resolved within 15 days after submission, you or Ducere may bring a formal proceeding.
We Agree to Arbitrate: You and Ducere agree to resolve any disputes through final and binding arbitration, unless you opt out of this agreement to arbitrate, and except as set forth under Exceptions to Agreement to Arbitrate below.
Opt-out of Agreement to Arbitrate: You can decline this agreement to arbitrate by contacting contact@ducere.io within 90 days after first accepting these Terms of Service and stating that you (include your first and last name) decline this arbitration agreement.
Exceptions to Agreement to Arbitrate: Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Nabd Service, or infringement of intellectual property rights (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
No Class Actions: You may only resolve disputes with Ducere on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed under our agreement.
Judicial Forum for Disputes: Except as otherwise required by applicable law, in the event that the agreement to arbitrate is found not to apply to you or your claim, you and Ducere agree that any judicial proceeding will be held in the Republic of India.
Limitation on Claims: Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Nabd Service must be filed within three (3) years after such claim or cause of action arose, or else that claim or cause of action will be barred forever.
All orders must be paid in full before processing. We accept payments via credit cards (Visa, MasterCard), Stripe, and PayPal. Prices are subject to change without prior notice. We reserve the right to cancel any order at our discretion.
Orders are typically processed within 7-10 working days, depending on your location. Shipping costs vary based on the destination and are calculated at checkout. Delivery times depend on the location and selected shipping method. We are not responsible for delays caused by third-party carriers or customs clearance.
You may cancel an order before it has been shipped for a full refund by contacting contact@duceretech.com. Once an order has been shipped, it cannot be canceled.
Once an order is confirmed, it cannot be canceled or returned. In case of product unavailability, the order will be canceled and a full refund will be issued.
The Nabd Horse Heart Rate Monitor Device is covered by a 1-year manufacturer’s warranty from the date of purchase. The warranty covers defects in materials and workmanship but does not cover damage due to misuse, accidents, unauthorized modifications, or normal wear and tear. Proof of purchase is required to claim warranty services. To initiate a warranty claim, contact contact@duceretech.com.
Except as otherwise stated herein, these Terms constitute the entire and exclusive understanding and agreement by Ducere and you regarding the Nabd Service, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Ducere and you regarding the Nabd Service.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.
Ducere may assign its rights and obligations under these Terms to any company under common control with Ducere. Additionally, Ducere may assign its rights and obligations under these Terms to a third party in connection with a merger, acquisition, sale of assets, by operation of law or otherwise.
We will notify you before we make material changes to these Terms and give you an opportunity to review the revised Terms before continuing to use the Nabd Service. When you use the Nabd Service after a modification becomes effective, you are telling us that you accept the modified Terms.
If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign, delegate, or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. We may assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
Any notices or other communications provided by us under these Terms, including those regarding modifications to these Terms, will be given: (i) via email or (ii) by posting to the Nabd Service. For notices made by e-mail, the date of receipt on the message will be deemed the date on which such notice is transmitted.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by our duly authorized representative. Except as expressly set forth in these Terms, the exercise by any party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Additional terms may apply to certain products or services. In the event that there is a conflict between these Terms and any additional terms, the additional terms will control.
If you have any questions about these Terms, you may contact us at:
INDIA OFFICE:
Ducere Technologies Pvt Ltd
222B San Marina House
West Marredpally
Telangana – 500026
contact@ducere.io
NABD IS A PRODUCT OF DUCERE TECHNOLOGIES PVT. LTD
PRIVACY POLICYCONNECT WITH US
+1 703 955 4805 (US)
+91 703 223 0119 (India)
: +91 703 223 0119
Email: sales@nabdequine.com