Terms of sale and subscription

This is an English translation provided for convenience. The French version of these terms is the authoritative one (see article 15).

These terms of sale and subscription (the "Terms of Sale") apply to the paid offer of the Equiflow mobile app (the "Premium Offer"). They supplement the terms of use, whose definitions apply here.

1. Who sells and who provides the service

The Premium Offer is a digital service provided by BAUGEY MATHEO, sole trader (entrepreneur individuel) trading as DEVOLIM, 248 rue de Bègles, 33800 Bordeaux, France, SIREN 948 000 757, contact.equiflow@devolim.fr (the "Publisher").

It is sold as an in-app purchase by the platform that distributes the app (Apple's App Store or Google's Google Play, the "Platform"). The Platform presents the offer at the time of purchase, collects payment, manages renewal and handles refunds under its own terms, which you accept with it. The Publisher provides the service available in the app and is responsible for its conformity.

2. The Premium Offer

The Premium Offer gives access to additional features of the app, including features based on artificial intelligence, under the conditions and limits described in the app at the time of subscription. A feature presented as unlimited remains subject to reasonable use, whose limits are shown in the app before subscribing (see section 9 of the terms of use). It is not needed to use the emergency screen, the warning signs, calling the vet or the health record of one horse, which remain available without a subscription.

The Premium Offer's features are of the same nature as the rest of the app: they constitute neither a veterinary act, nor instruction, nor personalised training (see the health and safety disclaimer).

3. Information before purchase

Before you confirm any purchase, the app and the Platform tell you: the nature of the offer and what it includes, its duration, its price including taxes as it will be charged at each renewal, the automatic renewal, where applicable whether there is a free trial, how long it lasts and the date of the first charge, and the means of cancelling and withdrawing, with links to these Terms of Sale, the terms of use and the privacy policy. This information may change; the version displayed at the time of subscription prevails. The purchase is only concluded once confirmed in the Platform's payment window, which clearly states that it entails an obligation to pay.

Minors. The app is reserved for people aged 16 and over. If you are 16 or 17, the app asks you, before starting the purchase, to confirm that a parent or guardian has read this information and agrees; without this confirmation, no purchase is started. The parent or guardian can also use the Platform's parental controls.

4. Price and payment

Prices are those displayed in the app and by the Platform at the time of purchase, including taxes, in the currency of your account. They may vary by country. Payment is made with the method registered on your Apple or Google account: the Publisher receives neither your bank details nor your name.

5. Trial period

When a free trial is offered, its duration, the price charged at its end and the date of the first charge are shown to you before you subscribe. Nothing is charged during the trial. Unless cancelled at least 24 hours before it ends, the subscription continues automatically and the stated price is charged by the Platform. A trial is generally offered only once per Platform account, under the Platform's rules.

6. Duration, renewal and notice before the end of the term

The subscription is taken out for the duration shown at the time of purchase. It renews automatically for an identical period at the end of each period, at the price then in force, unless cancelled at least 24 hours before its end.

For a one-year subscription, the app informs you, no earlier than three months and no later than one month before its end, of the renewal date and of the deadline for not renewing it, highlighted, by a notification and a message in the app. As the Publisher does not know your email address, it cannot send you this information by email. Consequently, and as provided by article L.215-1 of the French Consumer Code, you may end a renewed annual subscription free of charge at any time from its renewal, and obtain a refund of the part of the price corresponding to the period remaining after the date of your termination, within thirty days. To do so, cancel the subscription with the Platform, then write to us: the refund is requested from the Platform or, failing that, made by the Publisher.

7. Cancellation

You can cancel the subscription at any time, free of charge. In the app, the "Cancel my subscription" entry (Settings, and the subscription screen) takes you straight to the management of your subscriptions on the Platform, where cancellation is confirmed. You can also go there directly:

• iPhone: Settings › your name › Subscriptions, or apps.apple.com/account/subscriptions
• Android: Google Play › profile › Payments and subscriptions › Subscriptions, or play.google.com/store/account/subscriptions

The Platform confirms the cancellation and the date on which it takes effect. Cancellation takes effect at the end of the current period: access to paid features is kept until then, after which the app returns to the free version. Your data stays on your phone. Uninstalling the app does not cancel the subscription.

8. Right of withdrawal

You have fourteen days from subscribing (including when the subscription starts with a free trial) to withdraw, without giving reasons and without bearing costs other than those provided for by law (articles L.221-18 et seq. of the French Consumer Code).

To exercise it, you can:

• use, in the app (Settings, and the subscription screen), the "Withdraw from the contract here" function, available throughout the period, then "Confirm withdrawal". On iPhone, it opens Apple's refund request; on Android, it prepares an email to our address;
• for an App Store purchase, request a refund from Apple at reportaproblem.apple.com, which grants consumers in the European Union a fourteen-day right to cancel;
• in all cases, send us an unequivocal statement, for example using the form in the appendix, to contact.equiflow@devolim.fr, stating the date of subscription and, if possible, the session identifier shown in Settings, Privacy, or the Platform's order number.

We acknowledge receipt of your withdrawal by email when you send it to us. It is enough that you send it before the period expires.

Effects. The amount paid is refunded no later than fourteen days after we have been informed of your decision, using the payment method used: for a Google Play purchase, the Publisher makes the refund itself through Google Play; for an App Store purchase, only Apple can refund: should Apple refuse to refund a withdrawal made within the period, write to us and the Publisher will refund you directly. No amount is withheld for the service provided during the period. Access to paid features ends with the refund.

9. Other refunds

Apart from withdrawal and the statutory guarantees, refund requests are governed by the Platform's rules: reportaproblem.apple.com for the App Store, or Google Play support. You can also write to us: we review every request.

10. Price changes

The price of a subscription may change for future periods, never for a period already paid. Any increase is announced in advance by the Platform and, under its rules, may require your agreement; if you do not want the new offer, you can cancel before it applies.

11. Restoring purchases and changing phone

On a new phone with the same system, the Premium Offer is recovered with the same Apple or Google account, using the app's "Restore purchases" function. Your content, stored on the old phone, is not transferred automatically: use the app's encrypted backup before changing phone (see the terms of use). A subscription taken out on the App Store cannot be used on Android, and vice versa.

12. Statutory guarantee of conformity

Consumers benefit from the statutory guarantee of conformity applicable to digital content and services, provided for in articles L.224-25-12 et seq. of the French Consumer Code. As the subscription is a service supplied continuously, the Publisher is liable for lack of conformity that appears throughout the supply period, including that resulting from an update, and bears the burden of proving conformity during that period. In the event of a defect, you may have the service brought into conformity, free of charge and without major inconvenience, within a reasonable time; failing that, or if the defect is serious, a price reduction or termination of the contract with a refund. Report any defect to contact.equiflow@devolim.fr. This guarantee applies independently of any commercial guarantee and cannot be limited by these Terms of Sale.

13. Changes to or end of the Premium Offer

The Publisher may change the Premium Offer under the conditions of article 22 of the terms of use. If a change negatively and more than minimally affects the current Premium Offer, you are informed in advance and may terminate the contract free of charge. If the Premium Offer is permanently discontinued, new subscriptions stop, renewals are stopped and you keep access until the end of the paid period; failing that, the part of the price corresponding to the period not provided is refunded.

14. Complaints and mediation

Any complaint may be sent to contact.equiflow@devolim.fr: we first seek an amicable solution and reply as soon as possible.

In-app purchases are concluded with Apple or Google, as sellers, who collect payment and handle refund requests under their own terms; DEVOLIM provides the service available in the app.

15. Governing law, jurisdiction and language

These Terms of Sale are governed by French law. In the event of a dispute, and failing an amicable resolution, the French courts have jurisdiction. Consumers retain the right to bring proceedings before the courts of their place of residence, and consumers residing in another European Union member state retain the benefit of the mandatory provisions of the law of their country of residence. They are written in French; in the event of a discrepancy with a translation, the French version prevails.

Appendix: withdrawal form

(Complete and return this form only if you wish to withdraw from the contract.)