# General Conditions

# Legislations

These Terms of Use are governed by and construed in accordance with Swiss law. These Terms of Use do not limit any consumer rights you may have under the mandatory laws of your country of residence. The French version of the Alogo Terms and Conditions shall prevail.

Anwendbares Recht. Diese Nutzungsbedingungen unterliegen dem Schweizerischen Recht und werden entsprechend ausgelegt. Diese Nutzungsbedingungen schränken keine Verbraucherrechte ein, die Ihnen nach den zwingenden Gesetzen Ihres Wohnsitzlandes zustehen. Die französische Version der Allgemeinen Geschäftsbedingungen ist verbindlich.

Legge applicabile. Le presenti Condizioni d'uso sono disciplinate e interpretate in conformità al diritto svizzero. Le presenti Condizioni d'uso non limitano i diritti dei consumatori che l'utente potrebbe avere in base alle leggi obbligatorie del suo paese di residenza. Fa fede la versione francese delle Condizioni Generali.

# 1. Definitions

Alogo or us ALOGO ANALYSIS SA (CHE-298.465.518), Chemin du Closel 5, 1020 Renens.

Alogo MOVE or the Alogo MOVE Sensor is intended for riders and coaches who wish to analyze their performance during training and competitions. Small and lightweight, the Alogo MOVE sensor will be placed on the horse and will display directly from a smartphone, tablet or computer the detailed movements of the horse, such as the trajectory on the obstacles and stride length.

Buyer Any User who pre-orders one or more Alogo MOVE Sensors as provided in the Alogo MOVE pre-order conditions.

The App Generically, the downloadable mobile application(s) or Webapp developed by Alogo.

The GC These general conditions, if any in their version as modified by Alogo.

The Contract or Contractual Documentation The use contract that is concluded between us and you at the time of your acceptance of the GC.

The Platform In a generic way, the Site as well as the Apps.

Pre-order The contract concluded between the Buyer and Alogo as defined in art. 3.1 conditions relating to the Alogo MOVE Pre-orders.

Services The services offered by Alogo as described in art. 2.1 and 2.2.

The Website The website located at alogo-analysis.com (opens new window) or alogo.io (opens new window) and any other domains pointing to said address.

The User or You Anyone using the Website, the Apps, the Alogo MOVE sales platform, or any other support provided by Alogo.

Translation In the event of any discrepancy between the English and the French version of this present Conditions, the French version prevails.

# 2. The Services

2.1. The Platform offers Users who have the Alogo MOVE Sensor the ability to visualize the detailed movements of their horse, such as the trajectory on the obstacles and the length of strides.

2.2. Alogo also offers horse show services to organizers (Alogo LIVE and Alogo SHOW) as well as special subscriptions for veterinarians, coaches and other professionals. The relationship between Alogo and said organizers, veterinarians, coaches and other professionals is the subject of separate agreements.

2.3. The GC applies to all Services offered by Alogo and their users. They also apply to non-registered Users browsing the public pages of the Website (eg sales pages). Special provisions may apply to certain services offered by Alogo.

# 3. The Contract

3.1. By using the Platform and Services offered by Alogo, including the purchase of Alogo MOVE and the use of the Statistical Analysis Platform, you agree to be bound by the following Contractual Documentation :

  • a) The present general conditions;
  • b) Our privacy policy;
  • c) Our cookie management policy;
  • d) Special provisions applicable to certain services offered by Alogo, including the conditions relating to Alogo MOVE pre-orders

3.2. The terms and conditions, the privacy policy, the cookie policy and the special provisions applicable to certain services offered by Alogo form an integral part of the Agreement between you and Alogo.

# 4. Use of the Platform - In general

4.1. In principle, the Website and the Apps are accessible to any registered User or not. The part of the Platform dedicated to statistical analysis is accessible only to Users registered and holders of Alogo MOVE.

4.2. Parts of the Platform may be made available to non-registered Users if they participate in horse shows with which Alogo has entered into a partnership.

4.3. The data that you transmit to us or that third parties transmit to us when registering and using our Services are managed in accordance with our privacy policy..

4.4. It is your responsibility to provide, during your registration and in case of modification during the use of the Platform, accurate and complete information. In accordance with our privacy policy, you may correct inaccurate information/data about you at any time.

4.5. There is no right to create and maintain a profile on the Platform and/or participation in it, and we are free to refuse or exclude a User at any time, without pattern.

4.6. The Platform requires the use of cookies. These are managed in accordance with our cookie management policy.

# 5. Use of the Platform - Illegal, inaccurate or inappropriate content

5.1. Alogo does not systematically monitor the content posted on the Platform, and is not obliged to do so. Each User is solely responsible for the content they post on the Platform.

5.2. Users undertake not to post illegal content on the Platform, such as racist, pornographic content, representations of violence, defamatory remarks, content violating the rights of third parties, etc. Alogo reserves the right to delete any content found on the Platform that it deems illegal or infringing on its rights or the rights of third parties and to exclude, temporarily or permanently, any User who posted such content on the Platform, without notice.

5.3. Users further undertake not to post any inaccurate, misleading, obscene, deprecatory, offensive or otherwise inappropriate content on the Platform. Alogo also reserves the right to delete without prior notice any content which, in its reasonable opinion, falls into one of these categories. The User who posted such content may be temporarily or permanently excluded from the Platform, without notice.

5.4. Users and any third party, on the Website and the Apps, are provided with a complaint form to draw Alogo's attention to such content. In the absence of such a form, Users may draw Alogo's attention to such content through the general contact form.

# 6. Warranty

6.1. Alogo makes every reasonable effort to ensure that the information on the Platform (and the social networks it hosts) is accurate. However, any liability of Alogo is excluded in this regard.

6.2. The contents of the Platform do not constitute advices, recommendations, guarantees, or authorizations of Alogo. They are not intended to serve as a basis for making (or not making) decision and/or for any use. Any User who makes a decision based on, or otherwise uses, the contents of the Platform, does so at his own risk and peril. Alogo expressly excludes all warranties, including in particular any guarantee of utility for a certain use and no violation of rights.

# 7. Responsibility

7.1. In general. Subject to the mandatory exceptions provided by law, Alogo's liability is excluded for all of its Services and for any content placed by Alogo on the Platform.

7.2. Contents posted by Users/Links. It is reminded that Alogo is not obliged to check the content and the links posted on the Platform by the Users and is therefore not responsible for the contents and links that are there, nor the consequences of the registration of incorrect or inaccurate data. Alogo's responsibility is expressly excluded for the lawfulness, accuracy, veracity, quality, punctuality, completeness and/or reliability of the content posted on the Platform and the contents of external sites to which links posted on the Platform can point and consequences of the recording of inaccurate or erroneous data on the Platform.

7.3. Technical issues. Alogo declines all responsibility for temporary unavailability and/or dysfunctions of the Platform, whatever the cause.

# 8. Compensation

8.1. Each User agrees to indemnify Alogo, its affiliates, employees, directors, administrators, consultants, representatives, successors or purchasers (for the purposes of this article only, "Alogo Affiliates") for any damage suffered by Alogo or Affiliates Alogo in connection with claims made by third parties (including other Users) due to the actions or omissions of this User on the Platform. Compensation will also cover legal, trial, procedural, expert, negotiating, advisory and other costs and expenses incurred by Alogo and Alogo Affiliates for the defense.

8.2. Alogo shall immediately notify in writing to the User concerned any claim made by a third party against Alogo or Affiliates of Alogo. The User concerned (i) undertakes to assist Alogo or the Affiliates of Alogo in any proceedings, including judicial, conducted by third parties allegedly injured; (ii) agrees to make available to Alogo or Alogo Affiliates all information necessary for the defense of Alogo or Affiliates of Alogo, (iii) gives Alogo or Affiliates the exclusive power to Alogo to conduct this defense and/or appoint the representative of his choice to do so, and (iv) grant Alogo and the Affiliates of Alogo, and their representatives if any, the exclusive power to enter into a compromise, after prior consultation with the User concerned.

# 9. Intellectual Property

9.1. The Website and the Apps, including their interfaces and codes, are the exclusive property of Alogo and must not be reproduced or otherwise used by Users except as part of normal use of the Platform.

9.2 Photo credits are owned by Soraya exquis Photography ©, Michelle Terlato ©, Libby Law Photography ©, Nicole Schultz ©. The riders in the photos have all given their consent to appear on the Alogo website.

# 10. Miscellaneous

10.1. Inserts and pictograms. For the purposes of facilitating understanding, particularly on the sales pages, Alogo may be required to provide information containing all or part of the Contractual Documentation through inserts or a pictogram system. These inserts and/or pictograms have a purely indicative purpose: only the Contractual Documentation is authentic.

10.2. Interruption of the Website or Apps. Alogo reserves the right to discontinue the operation of all or part of the Website, and/or the Apps, the offer of certain Services, or part of them, at any time, permanently or temporarily, without notice.

10.3. Force majeure. Neither the non-performance nor the late performance of its obligations by any of the parties shall constitute a default of the party in respect of its contractual obligations, to the extent that the delay or non-performance would result from a situation force majeure (eg natural disasters, war, riots, civil unrest, fire) or other circumstances beyond the reasonable control of that party, such as technical problems that cannot be attributed to Alogo. Computer viruses and hacker attacks against computer systems are considered force majeure, provided that reasonable security measures have been taken.

10.4. Assignment. The rights and/or obligations of the User resulting from the Contract cannot be transferred to another person. The User expressly authorizes Alogo to assign its rights and subcontract any obligations resulting from the Contractual Documentation.

10.5. Partial nullity. In the event that a provision of the Contractual Documentation or part thereof is or becomes invalid or unenforceable, then neither the validity nor the enforceability of the remaining provisions or the remaining part of the provision will be affected or impaired. The User agrees, if necessary, to replace the invalid or unenforceable provision or part with a provision that is valid or applicable as close as possible to the original provision and that, as far as possible, will achieve the same economic and legal result.

10.6. Entirety. Contractual Documentation, as described in Art. 3.1, contains the entire agreement that binds you to Alogo with respect to the subject matter of these GC and supersedes any agreement or understanding regarding the subject matter of these GC that may have been concluded between you and Alogo prior to effective date of these GC.

10.7. No Waiver. No waiver by Alogo to require you to comply with any of the provisions of the Contractual Documentation (Section 3.1) shall be construed as a waiver to invoke or invoke any prior or subsequent breach of the Contract that the breach of a similar or different nature.

10.8. Languages. The Contractual Documentation is written in French.

# 11. Applicable law / For

11.1. The Contract, and all Contractual Documentation, are subject to Swiss law, excluding its conflict of laws rules.

11.2. Any dispute arising out of or in connection with these terms and conditions or any other document of the Contractual Documentation shall be submitted to the exclusive jurisdiction of the courts of Lausanne, Switzerland.

# 12. Entry into force / Duration / Amendments to the GC

12.1. The Agreement enters into force for a given User upon acceptance of the GC by the latter, it being specified that any use of the Platform constitutes tacit acceptance. The Agreement will remain in effect as long as the User uses the Platform.

12.2. Alogo reserves the right to modify the CG at any time. It will publish the modified version on the Platform and inform the Users of the new GCs by e-mail, a pop-up window, or another method of its choice. In case of disagreement of the User with the modifications, the User may terminate the Agreement by ceasing all use of the Platform with immediate effect. If the User continues to use the Website or Apps, the most recent version of the GC will be deemed accepted by the User.

# 13. Terms of use of Alogo Performance Premium subscription

Welcome to Alogo Performance Premium. These terms of use govern your access to and use of our application and related services. By subscribing, you agree to the terms and conditions set forth below. Please read them carefully.

# 1. Subscription

Alogo Performance Premium provides access to our services, including our platforms that allow our users to access advanced personalized equine health and performance analysis features from a smartphone (Android and iOS) or from any connected device equipped with a browser and a reliable internet connection, using the Alogo Move Pro sensor.

  • 1.1. Renewal. Your subscription to Alogo Performance Premium continues until cancellation. To use the Alogo Performance Premium service, you must have Internet access and a compatible device and you must provide us with one or more Payment Methods. A "Payment Method" means a payment method that is current, valid, accepted, may be updated from time to time, and may include payment through your account with a third party. Unless you terminate your subscription before your commitment end date, you authorize us to bill you for the subscription fees for the next billing cycle via your Payment Method (see "Termination" below).

  • 1.2. Cancellation. Cancellation must be made by e-mail to support@alogo-analysis.ch. In the event of early cancellation, the full amount of the subscription fee will be automatically deducted from your account. You can cancel your Alogo subscription at any time and still have access to the service until the end of your contract period. Payments are non-refundable and we do not issue refunds or credits for periods of partial use, or for any unused Alogo content (e.g. reports).

  • 1.3. Former customers. Alogo customers who created an account before 16.11.2023 are entitled to 1 year of free Alogo Performance Premium subscription until 16.11.2024.

  • 1.4. Pricing. Customers subscribing after this date are subject to the prices announced at the time of subscription for the duration of their commitment. At the end of this commitment, unless contraindicated, the subscription is automatically renewed at a price adapted to the duration of the renewal.

  • 1.5. Commitment. The duration of the commitment is chosen by the customer at the time of subscription or before renewal (please mention any change of formula before renewal by e-mail to support@alogo-analysis.ch) and cannot be modified during the subscription period.

  • 1.6. Personalized reports. The personalized automatic report included in the subscription will be directly available on your Alogo account each month. Its completion is subject to sufficient use of the Alogo Move Pro sensor (minimum 5 sessions recorded per month per horse) and to the correct use of the Alogo Move Pro sensor as indicated in the user guide. In the case of incorrect use of the sensor while recording a session, a report may not be generated. More reports can be produced on request, at an additional cost (subject to quotation).

  • 1.7 Technical service. Access to technical support via support@alogo-analysis.ch is unlimited between 8 am and 5 pm (UTC +1) Monday to Friday. For any cancellation or modification of the subscription renewal, the date on which the email is sent is decisive.

  • 1.8. Hardware and warranty. A complete Alogo Kit* is included in every subscription offer and is covered by an unlimited warranty for Alogo Performance Premium subscribers. Please refer to the warranty conditions and exclusions in the product manual.

* Includes documentation, Alogo Move Pro sensor, sensor holder, and tape measure.

# 2. Billing and cancellation

  • 2.1. Billing cycle. Alogo service subscription fees will be billed via your Payment Method on the same date each month (subscription start anniversary date). In some cases, your payment date may change, for example, if your Payment Method did not work when you change offers, or if your subscription began on a day that is not in a given month.

  • 2.2. 1st monthly installment. When you take out your first subscription, you will be charged a fixed amount of CHF 500 + the first month's fee before your complete Alogo Kit and access to Premium features are dispatched. This amount includes the cost of shipping the equipment to your home country. However, for shipments outside Switzerland, you will be charged VAT.

  • 2.3. Payment methods. To use the Alogo service, you must provide us with one or more payment methods. You authorize us to debit your account via any Payment Method associated with your account if your primary Payment Method is declined or is no longer available to us for payment of your subscription fees. You are liable for any amount not debited. If payment fails due to card expiration, insufficient balance, or for any other reason, we may suspend your access to our service until we have successfully debited your account via a valid Payment Method.

  • 2.4. Update your payment methods. Please contact us if you wish to update your Payment Methods.

  • 2.5. Alogo Analysis reserves the right to modify its Alogo Performance Premium subscriptions and the price of its services from time to time. However, any changes to pricing or your subscriptions will only be applicable after the end of your current commitment period, following receipt of a communication from us. If you do not wish to accept the change in pricing or your subscription, you may cancel your subscription before the changes take effect.

# 3. Alogo service

  • 3.1. Usage. The Alogo Performance Premium service is intended for personal use only. We do not accept any liability for incomplete use of the Alogo Performance Premium service.

  • 3.2. Updates. The Alogo Performance Premium service, including platform content, is regularly updated with new features. Alogo reserves the right to add, remove, or replace certain features. Subscribers benefit from early access to the latest updates.

  • 3.3. Rules. Unless expressly authorized by us, you agree not to :

I. Archive, reproduce, distribute, modify, display, produce, publish, license, create derivative works from, sell, or use the content and information of (or obtained through) the Alogo service.

II. Circumvent, remove, modify, disable, destroy, block, obscure, or defeat any protections for content or other elements within the Alogo service, including the graphical user interface, copyright notices, and trademarks. Not to share your account with any third party.

III. Use robots, spiders, web crawlers, or other automated methods to access the Alogo service.

IV. Decompile, reverse engineer, or disassemble any software, product, or process accessible through the Alogo service.

V. Insert any code or product or manipulate the content of the Alogo service in any way.

VI. Use any data mining, collection, or extraction method.

VII. Upload, post, email or otherwise send or transmit any content with the intent to interrupt, destroy, or limit the functionality of any computer software hardware, or telecommunications equipment associated with the Alogo service, including any viruses or other computer code, files, or programs.

We reserve the right to terminate or restrict your use of our service if you violate these Terms of Use or make any illegal or improper use of the service.

  • 3.4. Display performance. The display quality of Alogo content may vary from one device to another and may be influenced by various factors, including your location, device capabilities, and/or the speed of your Internet connection.

# 4. Privacy policy

  • 4.1. We respect your privacy. Our privacy policy details how we collect, use, and protect your personal data.

  • 4.2. Passwords and account access. Your password is for your personal use only and must be kept confidential. If you allow others to access the account, you agree that they are acting on your behalf and are bound by any changes they may make to the account. To help maintain control of the account and prevent unauthorized access, you must maintain control of the devices used to access the service and must not disclose to anyone the password or Payment Method details associated with the account. You agree to provide and maintain accurate account information, including a valid e-mail address so that we may send you account-related notifications. We may terminate or suspend your account to protect you and Alogo or its partners from identity theft or other fraudulent activity.

# 5. Others

  • 5.1. Customer support. For more information about our service and its features, or if you need help using your account, please visit the Alogo FAQ, accessible via the alogo.io (opens new window) website. If you can't find the answer you're looking for, you can reach us at: support@alogo-analysis.ch.

  • 5.2. Nullity - Invalidity. If one or more provisions in these Terms of Use should prove invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.

  • 5.3. Electronic communications. We will send you information relating to your account (for example, payment authorizations, invoices, password or Payment Method changes, confirmation messages, etc.) only electronically to the e-mail address you provided when you registered.

# 6. Contact

If you have any questions or concerns regarding these terms of use, please contact us at support@alogo-analysis.ch.

By accepting these conditions, you acknowledge that you have read, understood, and agree to the above terms and conditions.

Last update: November 2023