Terms & Conditions for wehorse.com

This website is operated by wehorse c/o welearn GmbH. wehorse provides a personalized subscription service that allows our members to access online video courses ("wehorse content") streamed over the Internet to certain Internet-connected TVs, computers, and other devices ("wehorse ready devices").

Throughout the site, the terms “we”, “us” and “our” refer to wehorse. wehorse offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms and Conditions”, “Terms”), These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms and Conditions carefully before accessing or using our website:

By accessing or using any part of this site, you agree, to be bound by these terms. If you do not agree to all these terms of this agreement, then you may not access our website or use any services. If these terms are considered an offer, acceptance is expressly limited to these terms and conditions.

Any new features or tools which are added to the current website shall also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Membership

1.1. Your wehorse membership will continue until terminated. If the contract is not terminated by one of the parties 48 hours before the end of the contract at the latest, it is tacitly extended by the agreed basic term. However, if the basic term is more than one year, the contract will only be extended by one year. The contract is renewed at the regular price, discounts from the previous basic term do not apply. You can terminate the contract by clicking on the termination function under the "My Membership" button in your user account. To use the wehorse service you must have Internet access and a wehorse ready device, and provide us with one or more Payment Methods. "Payment Method" means a current, valid, accepted method of payment, as may be updated from time to time, and which may include payment through your account with a third party. Unless you cancel your membership before your billing date, you authorize us to charge the membership fee for the next billing cycle to your Payment Method (see "Cancellation" below).

1.2. We may offer a number of membership plans, including memberships offered by third parties in conjunction with the provision of their own products and services. Some membership plans may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your wehorse membership by visiting our website and clicking on the "My Account" link available at the top of the pages under your profile name.

1.3. Registration is only possible via www.wehorse.com. Registration via the mobile app for iOS or Android is not possible. The app can only be used with an already existing user account.

1.4. Our applications are continuously updated and adjusted for your security and for the stability of our applications. As a result, system requirements may change. We assume no obligation to make available to you any application (such as wehorse App) that will be functional on your device at all times, if functionality on your device should be limited by technological changes.

Promotional Offers

We may from time to time offer special promotional offers, plans or memberships (“Offers”). Offer eligibility is determined by wehorse at its sole discretion and we reserve the right to revoke an Offer and put your account on hold in the event that we determine you are not eligible. We may use information such as device ID, method of payment or an account email address used with an existing or recent wehorse membership to determine Offer eligibility. The eligibility requirements and other limitations and conditions will be disclosed when you sign-up for the Offer or in other communications made available to you.

Billing and Cancellation

3.1. Billing Cycle. The membership fee for the wehorse service will be charged to your Payment Method on the payment date specified on the "My Account" page. The length of your billing cycle will depend on the type of subscription that you choose when you signed up for the service. In some cases your payment date may change, for example if your Payment Method has not successfully settled, when you change your subscription plan or if your paid membership began on a day not contained in a given month. Visit our website and click on the "Invoices" link on the "My Account" page to see your next payment date.

3.2. Payment Methods. To use the wehorse service you must provide one or more Payment Methods. You authorize us to charge any Payment Method associated with your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used. Check with your Payment Method service provider for details.

3.3. Updating your Payment Methods. You can update your Payment Methods by going to the "My Account" page. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s).

3.4. Cancellation. You can cancel your wehorse membership at any time, and you will continue to have access to the wehorse service through the end of your billing period. To cancel, go to the "Account" page and follow the instructions for cancellation. If you cancel your membership, your account will automatically close at the end of your current billing period. To see when your account will close, click "Subscription" on the "My Account" page.

3.5. Changes to the Price and Service Plans. We may at our reasonable discretion change the price of our subscription plans from time to time to reflect the effect of changes in the total costs associated with our service. Examples of costs elements that affect the price of our subscription plans include production and licensing costs, costs for the technical provision and distribution of our service, customer service and other costs of sales (e.g., billing and payment, marketing), general administration and other overhead costs (e.g., rent, interest and other financing costs, costs of personnel, service providers and services, IT systems, energy), as well as state-imposed fees, contributions, taxes and duties. Any price changes will apply no earlier than 30 days following notice to you. You can cancel your membership at any time during the notice period to avoid future charges.

3.6 Free trial period
As a new user, you have the possibility to test wehorse for a limited period of time free of charge. If you meet the requirements for a trial period, this option will be displayed to you directly in the registration process and the trial period starts with the registration. If you do not wish to use wehorse beyond the trial period, you can cancel your membership at any time during the trial period in your personal account settings. If the test period is not cancelled in due time, the membership will automatically become a paid membership after the test period. The initial fee is then due immediately. Die Testphase ist nicht mit unseren Gutscheinkarten kombinierbar.

wehorse Service

4.1. You must be at least 18 years of age to become a member of the wehorse service. Minors may only use the service under the supervision of an adult.

4.2. The wehorse service and any content viewed through the service are for your personal and non-commercial use only and may not be shared with individuals beyond your household. During your wehorse membership, we grant you a limited, non-exclusive, non-transferable right to access the wehorse service and view wehorse content. Except for the foregoing, no right, title or interest shall be transferred to you. You agree not to use the service for public performances.

4.4. The wehorse service, including the content library, is regularly updated. In addition, we continually test various aspects of our service, including our website, user interfaces, promotional features, and availability of wehorse content.

4.6. You agree not to archive, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms and Conditions) content and information contained on or obtained from or through the wehorse service. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the wehorse service; use any robot, spider, scraper or other automated means to access the wehorse service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the wehorse service; insert any code or product or manipulate the content of the wehorse service in any way; or use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the wehorse service, including any software viruses or any other computer code, files or programs. We may terminate or restrict your use of our service if you violate these Terms and Conditions or are engaged in illegal or fraudulent use of the service.

4.7. The quality of the display of the wehorse content may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection.

4.8. The wehorse software may solely be used for authorized streaming and viewing of wehorse content through wehorse ready devices. This software may vary by device and medium, and functionalities and features may also differ between devices. You acknowledge that the use of the service may require third-party software that is subject to third-party licenses. You agree that you may automatically receive updated versions of the wehorse software and related third-party software.

Accuracy, Completeness and Timeliness of Information

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Passwords and Account Access

The member who created the wehorse account and whose Payment Method is charged (the "Account Owner") is responsible for any activity that occurs through the wehorse account. To maintain control over the account and to prevent anyone from accessing the account (which would include information on viewing history for the account), the Account Owner should maintain control over the wehorse ready devices that are used to access the service and not reveal the password or details of the Payment Method associated with the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. We can terminate your account or place your account on hold in order to protect you, wehorse, or our partners from identity theft or other fraudulent activity.

Limitation of Liability

You expressly agree that your use of the service is at your sole risk. In no case shall wehorse, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages. This is regardless of whether based on contract, tort (including negligence), strict liability or otherwise, arising out of the use of the Service or any products procured through the Service or for any other claim relating in any way to the use of the Service or any product, including, without limitation, errors or omissions in any Content, or loss or damage of any kind incurred as a result of the use of the Service or any Content (or product) posted, transmitted or otherwise made available through the Service, even if advised of the possibility thereof. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Any learning in wehorse's courses may only be done under the supervision of a competent person. In particular, minors may only use the learning content under the supervision of an adult.

Miscellaneous

6.1. Governing Law. These Terms of Use shall be governed by and construed in accordance with the laws of Germany. These terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your country of residence. wehorse will not participate in an alternative dispute procedure before a consumer arbitration board and does not have a legal obligation to do so.

6.3. Customer Support. To find more information about our service and its features or if you need assistance with your account, please visit the wehorse Help Center on our website. In certain instances, Customer Support may best be able to assist you by using a remote access support tool through which we have full access to your computer. If you do not want us to have this access, you should not consent to support through the remote access tool, and we will assist you through other means.

6.4. Survival. If any provision or provisions of these terms shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

6.5. Electronic Communications. We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration.

Last Updated: April 13th, 2021