These Terms and Conditions ("Terms") govern your access to and use of NayNay's website, mobile application, and related services (collectively, the "Service"), operated by NayNay ("NayNay," "we," "us," or "our"). By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.
1. Eligibility and accounts
You must be at least 18 years old to create an account. If you create an account on behalf of a barn, practice, or other organization, you represent that you have authority to bind that organization to these Terms. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.
2. Description of the service
NayNay provides a platform for horse owners, barn managers and staff, and equine professionals to create and share horse profiles, health and care records, training and competition information, messaging, scheduling, and related tools. NayNay may add, modify, or discontinue features of the Service at any time without liability to you.
3. User roles and responsibilities
The Service supports multiple user roles, including owners, barn managers and staff, veterinarians, trainers, farriers, and other professionals. You are solely responsible for the accuracy and completeness of any information, records, or documentation you enter into the Service. NayNay is not responsible for verifying the accuracy of information entered by any user.
4. Scheduling and payments
NayNay may facilitate scheduling and payment between owners, barns, and professionals through a third-party payment processor. NayNay is not a party to the underlying agreement between users for services rendered, such as veterinary care, training, or boarding, and is not responsible for the performance, quality, or outcome of those services. Fees, cancellation policies, and refund terms for services booked through NayNay are set by the professional or barn providing the service, not by NayNay, except where NayNay separately charges subscription fees for use of the Service itself.
5. Subscription fees
Certain features of the Service require payment of subscription fees, as described on our pricing page. Fees are billed in advance on a monthly or annual basis, are non-refundable except as required by law, and are subject to change with notice. We may suspend or terminate access to paid features for non-payment.
6. Acceptable use
You agree not to use the Service for any unlawful purpose or in violation of these Terms; upload false, misleading, or fraudulent information, including falsified health or care records; impersonate any person or entity, or misrepresent your role or affiliation; interfere with or disrupt the Service, including through unauthorized access, hacking, or introduction of malicious code; use automated means to access or scrape the Service without our prior written consent; or use the Service to harass, defame, or harm another user.
We reserve the right to investigate and take appropriate action against anyone who violates this section, including removing content, suspending or terminating accounts, and reporting to law enforcement.
7. Content and records ownership
As between you and NayNay, you retain ownership of the horse records, photos, videos, and other content you upload to the Service ("User Content"). By submitting User Content, you grant NayNay a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, modify, and display that User Content solely as necessary to operate, provide, and improve the Service, including sharing it with other users you have connected to a horse's profile. This license ends when you delete the applicable content or your account, except to the extent copies have been retained as permitted under our Privacy Policy or as required by law.
8. Intellectual property
The Service, including its software, design, text, graphics, and trademarks, is owned by NayNay or our licensors and is protected by intellectual property laws. Except for the limited rights expressly granted to you to use the Service, no other rights are granted, and all rights not expressly granted are reserved by NayNay.
9. Third-party services
The Service may integrate with or link to third-party services, including payment processors. NayNay is not responsible for the practices, content, or availability of any third-party service, and your use of those services is governed by their own terms.
10. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. NAYNAY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
NAYNAY IS A DOCUMENTATION, COMMUNICATION, AND SCHEDULING PLATFORM. IT IS NOT A SUBSTITUTE FOR PROFESSIONAL VETERINARY, TRAINING, OR OTHER EXPERT JUDGMENT. ANY AI-GENERATED INSIGHTS, RECOMMENDATIONS, OR FLAGS PROVIDED THROUGH THE SERVICE ARE INFORMATIONAL ONLY AND SHOULD NOT BE RELIED UPON AS A SUBSTITUTE FOR THE INDEPENDENT JUDGMENT OF A QUALIFIED PROFESSIONAL. YOU ARE SOLELY RESPONSIBLE FOR ALL DECISIONS REGARDING THE CARE, TRAINING, TREATMENT, PURCHASE, OR SALE OF ANY HORSE.
11. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL NAYNAY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, EVEN IF NAYNAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NAYNAY'S TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO NAYNAY FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
12. Indemnification
You agree to defend, indemnify, and hold harmless NayNay and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your access to or use of the Service; your User Content; your violation of these Terms; or your violation of any rights of another party, including in connection with care, treatment, training, or transactions involving a horse.
13. Termination
We may suspend or terminate your access to the Service at any time, with or without cause or notice, including for violation of these Terms. You may stop using the Service or delete your account at any time. Sections of these Terms that by their nature should survive termination, including Sections 7 through 12, will survive.
14. Dispute resolution; binding arbitration; class action waiver
Please read this section carefully. It affects your legal rights. You and NayNay agree to first attempt to resolve any dispute informally by contacting legal@naynay.app. If a dispute is not resolved within 30 days, you and NayNay agree that any dispute arising out of or relating to these Terms or the Service will be resolved by binding arbitration on an individual basis, rather than in court, except that either party may bring an individual action in small claims court.
YOU AND NAYNAY EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE ACTION. Arbitration will be conducted by a mutually agreed-upon arbitration provider in accordance with its rules then in effect. The arbitration will take place in the State of Delaware, unless you and NayNay agree otherwise.
15. Governing law
These Terms are governed by the laws of the State of Delaware, without regard to its conflict of laws principles, except to the extent preempted by U.S. federal law.
16. Changes to these terms
We may modify these Terms at any time. We will post the updated Terms on this page with a revised effective date. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Service.
17. Miscellaneous
These Terms, together with our Privacy Policy, constitute the entire agreement between you and NayNay regarding the Service. If any provision of these Terms is found unenforceable, the remaining provisions will remain in full effect. NayNay's failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision. You may not assign these Terms without our prior written consent; we may assign these Terms without restriction. Neither party will be liable for any failure to perform due to causes beyond its reasonable control.
18. Contact us
Questions about these Terms can be sent to legal@naynay.app.