Terms and Conditions
wehorse c/o welearn GmbH – wehorse.com
1. Basic provisions
1.1 The following terms and conditions apply to all contracts that you conclude with us as the platform (wehorse c/o welearn GmbH) via the website wehorse.com and are expressly acknowledged upon registration on the website and/or use of the services provided. In the following provisions, the terms "we", "us" and "our" refer to wehorse. Unless otherwise agreed, we object to the inclusion of any terms and conditions that you may use.
1.2 A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, acts in the exercise of its self-employed professional or commercial activity.
2. Subject matter of use / contract
We operate an online platform on the present website relating to the topic of horses, through which registered users have the option to watch learning videos for a fee by means of a subscription and to use a function for recording and managing horse data (hereinafter: "Horse Data Function") as well as to receive personalized training recommendations and reminders based thereon.
3. Registration as a user
3.1 A paid registration as a user is required in order to watch videos. As part of the registration, a user account is set up using the username and password you choose. You are obliged to provide truthful information during registration. Upon request, we will delete and/or anonymize your transmitted data and the user account without undue delay.
3.2 After submitting your registration, your account will be activated. The access data for using the online platform (login) must be kept confidential. The user account is not transferable. Registration requires that you are at least 18 years old. We do not conclude contracts with minors.
3.3 Data in the Horse Data Function: You are solely responsible for the accuracy, completeness and timeliness of the horse data you enter in the Horse Data Function. wehorse does not verify the entered data and is not liable for consequences arising from inaccurate or incomplete information.
4. Conclusion of the contract
4.1 By listing the subscription offer on our online platform, we make you a binding offer to conclude a contract under the conditions stated in the offer description.
4.2 The contract is concluded via the online ordering system as follows (login required): By using the "Sign up now" or "Prices" buttons in the navigation, you will reach our subscription offer. After clicking the "Select" button, you can choose the desired subscription and enter the data required for registration. Finally, all order details are displayed as an order overview. Before submitting the order, you have the opportunity to check all information again, change it and/or cancel the order. By submitting the order via the "Order with obligation to pay" button, you legally declare your acceptance of the offer, whereby the contract is concluded.
4.3 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 existing user account.
4.4 Processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out partly automatically by e-mail. You must therefore ensure that the e-mail address and payment data stored with us are correct, that receipt of e-mails is technically ensured and, in particular, not prevented by spam filters.
5. Provision of services
5.1 During the term of the subscription, you will be provided not only with all online video courses on our website for streaming at any time, but also with all other offers (live events, online vet, horse data recording, etc.) for use free of charge. "Streaming" means the real-time, unchanged use of our portal on your computer or other electronic device, without creating a permanent copy on your device.
5.2 Services are provided without undue delay after the time of your payment instruction. We will also inform you of activation by e-mail.
5.3 You are not entitled to have all services offered at the time the subscription contract is concluded available on the platform permanently. This applies not only to the online video courses, but also to all other offers and functions included in the subscription (e.g., live events, online vet, horse data recording, etc.). In this respect, we reserve the right, at our discretion and without notice, to change, replace, restrict or remove individual services from the platform. However, we undertake to make changes to our offering only to an extent that is reasonable for you and with due regard to your interests.
5.4 Our applications are continuously updated and adapted. This serves, among other things, your security and the stability of our applications. As a result, the system requirements may change. We do not assume any obligation to permanently provide you with a functional application (e.g., the wehorse app) for your end device if usability on your end device is restricted due to technical developments.
5.5 Horse Data Function: The Horse Data Function is available to you as part of the subscription. It enables you to record and manage horse data (e.g., health data, training data, feeding information and other horse-related information). Based on the data you enter, we create automated analyses and generate personalized recommendations relating to the training and care of your horse.
5.6 Availability and changes to the Horse Data Function: We reserve the right to expand, restrict or change the scope of functions of the Horse Data Function at any time, insofar as this is reasonable taking into account the interests of both parties. There is no entitlement to the permanent provision of specific analysis or recommendation functions.
5.7 Data after the end of the contract: After termination of the subscription contract, your horse data stored in the Horse Data Function will not be deleted automatically. They will be fully available to you if you reactivate your subscription. If you wish your data to be deleted, you must actively notify us (see Section 11.5). In this case, we will delete your data without undue delay, provided no statutory retention obligations prevent deletion.
6. Copyright
The videos offered as well as the texts, images, graphics and logos on our platform are protected by copyright. Use of the platform is permitted exclusively for your private and personal use. Any use beyond this and any use of the platform and its content requires our express consent. In particular, you are prohibited from reproducing, modifying, publishing or making the copyrighted works available to third parties for private or commercial purposes in any manner.
7. Contract term, cancellation
7.1 The subscription contract concluded between you and us has the agreed term. If the contract is not cancelled by either party at least 48 hours before the end of the contract term, it will be automatically extended by the agreed basic term. If the basic term is longer than one year, the contract will only be extended by one year at a time. The extension will be at the regular price; discounts from the previous basic term will not carry over. Cancellation is carried out by using the cancellation function in your user account under the "My membership" button.
7.2 The right to terminate for cause without notice remains unaffected.
7.3 Free trial period
As a new user, you have the opportunity to try wehorse free of charge for a limited period. If you meet the requirements for a trial period, this option will be displayed to you directly during the registration process and the trial period begins upon registration. If you do not wish to continue using the service beyond the trial period, you can cancel the membership at any time during the trial period in your personal account settings. If the trial period is not cancelled in due time, the membership will automatically convert into a paid membership after the trial period. The initial fee then becomes due immediately. The trial period cannot be combined with our gift cards.
8. Prices and payment modalities
8.1 The prices stated in the respective offers are total prices. They include all price components including any applicable taxes.
8.2 The following payment methods are available to you unless stated otherwise during the online ordering process:
- Payment by credit card
- Payment by SEPA direct debit
- Payment by PayPal
8.3 Unless otherwise stated during the online ordering process, payment claims arising from the concluded contract are due for payment immediately.
8.4 Special agreements for the SEPA direct debit payment method: By paying via SEPA direct debit, you authorize us by issuing a corresponding SEPA mandate to collect the invoice amount from the specified account. The direct debit will be collected within 5–10 days after conclusion of the contract. The period for transmitting the pre-notification will be shortened to 5 days before the due date. You are obliged to ensure sufficient funds in the account on the due date. In the event of a chargeback due to your fault, you shall bear the bank fee incurred. We reserve the right to exclude the SEPA direct debit payment method in individual cases.
9. Right of retention
You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.
10. Disclaimer of liability
10.1 According to the current state of the art, data communication via the internet cannot be guaranteed to be error-free and/or available at all times. In this respect, we are not liable for the constant or uninterrupted availability of the online platform and the services offered there. The quality of playback of the content may vary from device to device and may be affected by a number of factors, e.g., your location, the bandwidth available via your internet connection and/or the speed of your internet connection.
10.2 Any imitation of the content from the online video courses is always at your own responsibility and at your own risk. We assume no liability for any resulting damage. The videos show professionals handling horses under controlled conditions. If you decide to apply or imitate the work methods, training methods, treatments or other content shown, you should first assess the risk taking into account your own abilities, the character of the horse and the content shown, and, if necessary, consult a competent person. Minors should only carry out the content shown under the supervision of an adult.
10.3 Disclaimer of liability for recommendations of the Horse Data Function: The analyses and recommendations provided as part of the Horse Data Function are generated automatically on the basis of the data you enter. They serve solely as general guidance and do not constitute veterinary, medical or other professional advice. In particular, the recommendations do not replace an individual assessment by a veterinarian, farrier, trainer or other qualified professional. Implementation of the recommendations is solely at your own risk. wehorse shall not be liable for damage arising from following automated recommendations unless such damage is based on intent or gross negligence on our part.
10.4 We are not responsible if the information made available on this platform is not correct, complete or up to date. The material on this platform is provided for general information only and should not be used as the sole basis for decisions without consulting primary, more accurate, more complete or more up-to-date information sources. This platform may contain certain historical information. Historical information is not necessarily current and is provided only for reference. We reserve the right to change the content of this platform at any time, but are not obliged to update any information on our website.
11. Terms of use for the Horse Data Function and data processing
11.1 Scope of data collection: Using the Horse Data Function, you can record data about your horses, in particular: the horse's name, breed, age and sex; health and findings data; training and movement data; feeding and keeping information; and other horse-related information that you voluntarily provide.
11.2 Purpose of data processing: The horse data you enter is processed in order to (a) provide you with the Horse Data Function and to store and display your data, (b) generate automated analyses and personalized recommendations regarding your horse and its training, and (c) contribute, in anonymized and aggregated form, to improving our platform, our content and our recommendation algorithms.
11.3 Legal basis: Processing of the horse data to provide the Horse Data Function and to generate personalized recommendations is carried out on the basis of contract performance (Art. 6(1)(b) GDPR). The use of anonymized data for product improvement is carried out on the basis of our legitimate interest (Art. 6(1)(f) GDPR). The storage of your horse data beyond the end of the contract is also carried out on the basis of our legitimate interest (Art. 6(1)(f) GDPR) to enable you to reactivate the subscription easily with full access to your data. You may object to further storage at any time and request deletion of your data (see Section 11.5). If any further processing takes place, we will obtain your separate consent.
11.4 Rights of use in the data: You grant wehorse a non-exclusive right, limited in time to the duration of the contractual relationship, to process and use the horse data you enter for the purposes stated in Section 11.2. wehorse also retains a right of use in anonymized and aggregated data that does not allow any inference about you or your horse, even after the end of the contract.
11.5 Storage period and deletion: Your data in the Horse Data Function will be stored during the term of the subscription and generally also after the end of the contract and will not be deleted automatically. This serves your interest in being able to reactivate the subscription at any time and to access your complete training and health history seamlessly without having to enter data again. Your data will be deleted only upon your active request or if statutory retention obligations prevent deletion. If you wish your data to be deleted, please contact us informally at: team@wehorse.com. Upon receipt of your request, we will delete your data without undue delay, provided no statutory retention obligations prevent deletion. Already anonymized and aggregated data is not affected by deletion.
11.6 Your rights: You have the right at any time to request information about the data stored about you in the Horse Data Function and to request its rectification or deletion. You also have the right, on grounds relating to your particular situation, to object at any time to processing based on Art. 6(1)(f) GDPR (Art. 21 GDPR). To exercise your rights, please contact: team@wehorse.com.
11.7 Data security: wehorse takes appropriate technical and organizational measures to protect the horse data stored in the Horse Data Function against unauthorized access, loss or manipulation. For further details, please refer to our privacy policy.
12. Contract language, choice of law, place of performance, jurisdiction
12.1 The contract language is German.
12.2 We do not store the contract text. You can save your order data before completing the order using your browser's print function. Invoices will be made available to you depending on the selected payment method (e.g., after the end of any trial period) and subsequently on a monthly basis.
12.3 German law shall apply. In the case of consumers, this choice of law applies only insofar as it does not deprive consumers of the protection afforded by mandatory provisions of the law of the state of their habitual residence (principle of favorability).
12.4 The place of performance for all services arising from business relationships with us, and the place of jurisdiction, is our registered office, provided you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU, or if your residence or habitual abode is unknown at the time the action is brought. The right to bring an action before a court at another statutory place of jurisdiction remains unaffected.
12.5 The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) shall expressly not apply.
13. Right of withdrawal information
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day the contract is concluded (i.e., typically from your registration), regardless of whether you first use a free trial period; cancelling the trial period remains unaffected by this.
To exercise your right of withdrawal, you must inform us (wehorse, c/o welearn GmbH., Gerhofstraße 1-3, 20354 Hamburg, e-mail address: team@wehorse.com) by means of a clear statement (e.g., a letter sent by post or e-mail) of your decision to withdraw from this contract.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including delivery costs (with the exception of the additional costs resulting from your choice of a type of delivery other than the least expensive standard delivery offered by us), without undue delay and in any event no later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. For this reimbursement, we will use the same means of payment that you used for the initial transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees for such reimbursement.
Premature expiry of the right of withdrawal
Your right of withdrawal expires prematurely in the case of a contract for the supply of digital content not supplied on a tangible medium if you have expressly consented to us beginning performance of the contract before the expiry of the withdrawal period and you have confirmed your knowledge that, by giving your consent with the start of performance of the contract, you lose your right of withdrawal. Such consent is usually given as part of the registration process.
14. Miscellaneous
Should individual provisions of these terms and conditions be invalid, unlawful or unenforceable, the validity, lawfulness and enforceability of the remaining provisions shall remain unaffected.