1 - These terms and conditions will govern the relationship between My Cheval, with registered office at Nesta Business Center, Suite 302, Old Airport Road, Santry, Dublin 9, Ireland, hereafter referred to as ‘My Cheval’ and the client, regarding the My Cheval software, during the use, trial and subscription period and after.

These terms and conditions will be applicable to all services rendered and all invoices sent by My Cheval to the client, as well as to all agreements concluded between My Cheval and the client. The terms and conditions form an integral part of the agreement with the client. Any aberration from these terms and conditions will need to be agreed to in writing.

These terms and conditions will take precedence over those issued by the client or any third party, even if My Cheval has not explicitly rejected their use.

The applicability of these terms and conditions is agreed to by the client, merely by the fact that the client has ordered services or products from My Cheval or has concluded an agreement with My Cheval.

In the event that one or more clauses of these terms and conditions should be deemed entirely or partially null and void, this will not entail the nullity of the remaining terms and conditions. Parties will replace the void clause by a valid clause that will correspond to the original intentions of the parties.

The My Cheval software can be used by the client starting from 1 horse and after payment is made (except for the trial period).

2 - The initial trial account that is created by the client, will be free of charge. This trial account will be active for a maximum period of fourteen (14) days. After the termination of the free trial period, the client will have the opportunity to activate a subscription. This subscription period will be on a monthly or yearly term, starting from the day of activation (hereafter referred to as the ‘Effective Date’). The subscription period will be automatically renewed under the same conditions unless the subscription is terminated, either by one of the parties if this party has given notice of termination by e-mail to the other party at least one (1) day prior to the anniversary of the Effective Date. The subscription period will not be free of charge.

Following the acceptance of these General Terms and Conditions by My Cheval, My Cheval will give access to the client to the online cloud platform by means of a username or e-mail and password, which the client can use to login to the My Cheval software. The aforementioned access includes, but is not limited to a revocable, non-exclusive, non- transferable and non-sublicensable user license to the application owned by My Cheval and necessary in light of the access to the My Cheval software. Parties agree to close an End User License Agreement before the actual access can be granted.

3 - All prices are stated in euro. Any increase of the VAT rate and/or any other charge in between the placement of the order and the execution thereof will be borne by the client.

My Cheval reserves the right to correct any typos regarding its quotations. My Cheval is permitted to change its prices unilaterally if those price adjustments are due to circumstances beyond his control, e.g. changes regarding VAT, taxes and customs, costs of delivery, purchase, materials etc. This list of circumstances is solely exemplary and in no way restrictive.

The client will pay the amounts due by credit card payment (Visa or Mastercard). At the moment of activation of the subscription period, the client will submit all his payment details to the payment provider.

Parties agree that invoices need to be paid immediately and My Cheval will send these invoices.

In the event that an invoice is not paid immediately, My Cheval will try and collect the amount due from the client’s credit card. If My Cheval is not able to collect the amount due during those times, My Cheval will be allowed to deactivate the client’s account, without prior notice and without having to pay a compensation or severance payment to the client.

4 - My Cheval will at all times remain the sole and exclusive owner of all Intellectual Property Rights in and to the My Cheval software and products, in and to all of their derivative works and improvements. No right, title and/or interest is granted or transferred to the client or any other party. ‘Intellectual Property Rights’ as mentioned in article 4 will mean all rights, titles and interests, including all copyrights, patent rights (including rights under all patent applications, patents, letters patent, supplementary patent certificates, inventor’s certificates, continued prosecution applications, requests for continued examination and other similar filings or stages thereof) and trademark rights, as well as all proprietary rights (including trade secrets) and moral rights (including the rights of authorship and attribution and subsequent modification) throughout the world whether under the laws of Belgium and/or the European Union.

5 - The client undertakes not to disclose any confidential information that he/she will receive from My Cheval. Whether or not certain information will be considered to be confidential, will be conveyed by My Cheval to the client prior to the communication thereof.

Should the parties conclude a non-disclosure agreement, the content thereof will take precedence over the content of article 5.

6 - The agreement between parties cannot be terminated in any other way or at any other time than as mentioned in article 2. The agreement between parties cannot be annulled.

7 - My Cheval cannot be held liable for any damages whatsoever (including a.o. personal injuries, direct or indirect damages to the client, horses or a third party or consequential damages), except in case of gross negligence or wilful misconduct.

Should My Cheval be held liable for any damages, the indemnification will, in any case, be limited to the amount that was invoiced and paid for the service or product concerned during the previous financial year, except in case of malicious intent.

The client will safeguard My Cheval from any claims from third parties regarding damages as mentioned in this article.

The client agrees that no warranties of any kind are given by My Cheval. The My Cheval software to which the client subscribes is provided to the client ‘as is’.

8 - My Cheval cannot be held liable in situations of force majeure (such as war, strike, lock- out, power grid failures, theft, fire, logistical problems for third parties, etc.) which might lead to My Cheval’s inability to fulfil its obligations (in time). My Cheval’s obligations will be suspended for the duration of the situation concerned. However, should the event of force majeure continue for more than three (3) weeks, My Cheval will be allowed to terminate the contract with the client, without having to pay a compensation of severance payment to the client.

9 - Any complaints regarding the services, products or invoices need to reach My Cheval via e-mail as soon as a defect has been ascertained and in any case within seven (7) days after those services have been rendered, the products have been delivered or the invoices have been sent. However, visible defects to products need to be reported at the time of delivery.

After expiration of this term, the services rendered and/or products delivered will be considered to be approved by the client and My Cheval will have the right to invoice them, and invoices will be considered to have been accepted.

10 - During the subscription period, the client will give feedback to My Cheval wherever he/she can. This can be, for example, feedback, comments and/or experiences concerning the use of My Cheval software. My Cheval shall be entitled to use the testimonials of the client for commercial purposes, such as mentioning in press, on its website, social media etc.

11 - The client explicitly confirms that all data that is transferred to My Cheval has been collected in accordance with the General Data Protection Regulation.

The client will safeguard My Cheval should My Cheval receive any claim from a data subject whose data have been transferred, collected by and/or has been processed by My Cheval.

For the remainder, all stipulations as incorporated in My Cheval’s Privacy Policy are applicable. This Privacy Policy can be consulted at https://mycheval.com/privacy-policy - Applicable law and competent jurisdiction The entire legal relationship between My Cheval and the client will be governed by Irish law. However, the Convention on the International Sale of Goods is not applicable. In the event of any kind of dispute between the parties, the courts of the judicial district of Dublin (Ireland), will be exclusively competent.

13 - The My Cheval software allows the client to setup integrations with third party services like YouTube and Google for managing video’s and documents. By agreeing these terms and conditions the client also agrees on accepting the terms of service of these third party services.

YouTube Terms and Conditionshttps://www.youtube.com/t/terms